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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC; limitations on job search due to onoging health condition

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Joined: 10 March 2014

Comrades,

A client who has osteoarthritis and bunions on his feet (needs surgery in due course) asked for his job search to be limited taking into account these conditions: for instance, work that involves being on his feet/moving around all the time.  He is basically asking for regulation 97(6) of the UC Regs to be applied in practice.

97(6) ‘Where a claimant has a physical or mental impairment that has a substantial adverse effect on the claimant’s ability to carry out work of a particular nature, or in particular locations, a work search or work availability requirement must not relate to work of such a nature or in such locations.’

He does need to reduce his hours per se, just to be able to legitimately refuse some kinds of work on health grounds.  He has medical evidence. 

However he has been told by the JC work coach that he needs to provide a fit note for this to apply (?) Is this correct?  If not, what can be done about it? 

EKS

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Unless the condition and its effects are blatantly obvious (blind, missing legs etc) he would reasonably need some kind of evidence of his condition and its effects.

Is there any reason why his GP won’t provide a fit note?

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Its more about a fit note not in fact being required and needing to know what the official position is.

A fit note states either that you can’t work or that you can with some adjustments.  He can work and doesn’t need adjustments - just a restriction on the type of work, i.e. not too physical at the moment.

 

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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EKS_COTTON - 10 March 2020 11:15 AM

Its more about a fit note not in fact being required and needing to know what the official position is.

A fit note states either that you can’t work or that you can with some adjustments.  He can work and doesn’t need adjustments - just a restriction on the type of work, i.e. not too physical at the moment.

 

Would that not fit into ‘amended duties’ on the fit note - ie nothing too physical