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LCW using schedule 8?
Where a UC claimant is self-isolating due to the Coronavirus and has an ‘isolation note’ does this mean that para 3 of Schedule 8 of the UC Regs comes into effect ie that they can be treated as having a LCW for the period that the isolation note covers.
COVID-19 has been added to the list of notifiable diseases and the isolation note does say that ‘the person named above has been told to stay off work by official advice, NHS11 or a healthcare professional. This is because they have symptoms of coronavirus.’
So would this mean anyone with an isolation note could be treated as having lcw and attract a work allowance as they are ‘prevented from working by law’?
Any ideas on this would be appreciated
The DWP announced from the start that anyone who claims UC and self-isolates is automatically treated as having LCW.
SI 2020 No 371 overtook that first set of regs.
It was only in place for a few weeks, so since then you are no longer treated as having lcw when self isolating on UC.
http://www.legislation.gov.uk/uksi/2020/371/regulation/10/made
That’s why I’m considering schedule 8 to see if it would apply.
I don’t see why not. Paragraph 45A(3) of the 1984 Act, to which paragraph 3(2) refers, states:
“Any reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health”
That’s pretty wide.
Furthermore, the Health Protection (Coronavirus) Regulations 2020 are clearly laid pursuant to Part 2A of the 1984 Act.
You could also chuck in an argument under paragraph 4 of schedule 8 for good measure.
Thanks xx
I did ask the DWP for their view on this at our stakeholder teleconference today so will update if any news…
I did ask the DWP for their view on this at our stakeholder teleconference today so will update if any news…
Thanks Daphne xx
Would it be worthwhile chasing the DWP up on this Daphne? They’ve never come back with a definite answer. Ruth
I will do Ruth - I have a list of outstanding queries with them…
Yes new uncertainties seem to crop up every day. Thanks Daphne.