Benefit and Cap and not been able to work due to illness

I have a client who has had the Benefit Cap applied- she is ill and this her earnings are less than £722 as she is only getting SSP.
I understand that the Benefit Cap is not applied if someone is found to have Limited Capability For Work- is their any exemption for temp periods of illness ( her Fit Note expires on 15th March and she is likely to be returning to work)
I understand there is possibly little we can do, just seems a fit unfair and in effect she is being penalised for being ill.

Thoughts:

1) Does she have 12 months of being over the earnings threshold before this period of illness? She should qualify for the 9 month grace period if she does.

2) You need LCWRA, not just LCW so it’s tough

If she doesn’t meet the grace period then there isn’t a fix I think.

The CPAG Handbook says in this context:

“Although not explicitly stated in the UC rules, it is arguable that you count as still in work while on maternity, adoption, paternity, shared parental or parental bereavement leave, or while receiving statutory sick pay (SSP). If you are in this position, get advice.”

It might be worth running this argument, although I wouldn’t be massively hopeful. Your client can also apply for a DHP.