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LCWRA effective date - fit notes given to JCP but not reported on journal
I’ve just seen someone who claimed UC in Apr 19, reported a health change in May 19 (life-limiting condition, not DS1500) and they put a message on his journal asking him to supply a fit note. He took in his paper (MED3) fit note to JCP but didn’t know he was supposed to report them online as well. He continued to take in paper fit notes until his work coach told him in Nov 19 that it would be easier for him to report them online and post them to JCP. He duly updated his account and shortly after, the WCA kicked in.
Awarded LCWRA in Feb 20, but they say the 3 months doesn’t start until Nov 19 as they have no record of him providing a fit note before then because they’re not recorded on his account! They had clearly accepted that he wasn’t fit for work from May 19 as he never had any work-related commitments, just standard check your account etc. He’s tried reasoning with them (and has shown them duplicates of all the fit notes) but they won’t budge.
Consistent with DWP guidance documents, UC Helpline told me that JCP is supposed to reconcile the paper fit note against the details reported online, and if the claimant hasn’t reported it they should tell them to add it. If it all matches, they shred the paper fit note , hence no record exists (I had naively assumed they scanned it to the record).
Not sure what the most effective route is to get him his backdate - MR/appeal, formal complaint….? Any suggestions, references to Regs, caselaw etc. much appreciated!
On a technical point, looking at the Regs, I think you can argue that the relevant period started when he reported the health condition, even if it were true that he didn’t provide medical evidence when asked. I cannot see any reason why a delay in providing fit notes should affect this.
I would do an MR/appeal on the grounds that he did provide the evidence earlier, and even if he hadn’t, there is no reason the relevant period shouldn’t anyway have started in May when he self-certified the health condition. You could certainly do a complaint as well.
I’d throw in a SAR as well. I’d strongly suspect that there are records (to the effect) of your client submitting fit notes.
For that matter there is nothing stopping the JCP from registering the fit note on their own initiative, it doesn’t have to be reported by the claimant in the journal first.
I’d love to see some screenshots of the UC software. Presumably the WC can’t reduce commitments unless s/he ticks a box: “Has the claimant provided evidence they have reduced ability to work?” and this question should pop up for continued confirmation every now and then, say when the fit notes expire. DWP’s argument falls apart before it begins.
The thread below may also be useful. There’s arguably no requirement for a fit note anyway in order to trigger a WCA (although your client has supplied one). I’d agree that a complaint would be appropriate - or see if it can be escalated to someone at the local Jobcentre. But also MR and then appeal against the decision on the WCA, on the grounds that the outcome should have applied from an earlier date.
I suggest a complaint via the claimant’s MP, in addition to the other remedies suggested above.