Retrospective UC50

My client has been off work sick due to knee pain and he was awaiting an operation. He was placed on UC and although he sent all of his sick notes into UC they have never sent him the UC50 - I called UC and they agree they have received his sick notes during this period but did not know he was sick? My client is due to return to work and has now been sent the UC50 to complete, as you can appreciate it is difficult to complete the UC in hindsight and when he is called up for an assessment he will actually have recovered? If he had been assessed in time it is likely he will have received additional premiums any idea’s?

Thanks in advance

He shouldn’t be filling out the form retrospectively. The relevant question is whether he has LCW as at the decision date (which will be at some point in the future). Evidence of how he was pre-operation won’t be relevant.

If there is no chance of your client having LCW, he should probably ask for the process to be cancelled as an assessment would just waste his time.

He might wish to pursue a complaint if maladministration has delayed the WCA referral.

There are some UT cases on the apparent unfairness of the assessment phase process to ESA claimants who recover or find work before they are assessed (and therefore potentially miss out on the WRAC or SC for a time) but I don’t think any were successful.