My client failed the LCWAt and appealed. His GP refused to issue further sick certificates and client had to go on JSA. Client has now obtained another sick certificate for 4 weeks, which he already showed to JC+ when signing on, so he probably made himself unavailable for work (although there has been no decision yet). GP has indicated that he will not issue any more certificates after that.

Is it possible for him to receive ESA for the 4 weeks of the new certificate. Regulation 30 would satisfied for the duration of the new certificate, but I suppose that making a new claim for JSA has ended his ESA claim, although it must still exist somewhere for the appeal.

JC+ says now and that he needs to submit a new claim. I cannot quite see how the new claim would work, as it seems to me that he would not get paid bec of the '6 months within a failed LCWA rule' , unless they accept his condition has deteriorated.

Has anyone got any thoughts on that? I would have thought that he will have to try and stay on JSA pending the appeal. The GP has been very unsympathetic since client failed LCWAt and seems to think the JC+ determination is decisive & that he should not write any more certificates.

They will probably have written to GP to say "no more med certs" and a polite letter explaining that that's not binding and that if, in GP's opinion chappy is not fit for work then further certification would be appropriate might help.

Looking at reg 30 a new claim should be awarded but if you expect problems with intermittent med 3s then a long conversation with chappy about breaks in entitlement might be in order first, he might be happier to continue on JSA as opposed to continually pleading for med3's to maintain his ESA entitlement of GP is skeptical about continuing incapacity.