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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

start date of UC LWCRA element

Tracey D
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Welfare benefits advisor - Peterborough City Council

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Total Posts: 127

Joined: 18 June 2010

Hi, hoping someone can help

My client was claiming UC as a job seeker but in July 2020 he put in a sickness certificate, which was backdated by his GP to Jan 20.

He has been assessed as being entitled to the LCWRA element and this has been awarded from November 20, the three month waiting period has been applied from July, when the sick note was “provided” to them.

Looking at all the examples in the DWP’s Advice for Decision Making staff guide and my reading of CPAG’s handbook, references all point to the three month waiting period starting from when the sick note is provided to the DWP, rather than from the first date covered by the sick note?

UC Reg 2013 (28) (2)
Para F5031 ADM staff guide

Is anyone aware of any arguments relating to handing in a backdated sick note to be able to push back the start date of the 3 month waiting period for the LCWRA element to apply (ie in this case back to January rather than July)?

Many thanks

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Joined: 7 May 2019

I’ve suggested a few times that the covid situation - namely the relaxation of requirement to provide a fit note to the JCP means that the LCWRA period can be argued to have started earlier than when the fit note is eventually submitted.

However, this would only apply if he reported a health condition that limited his ability to (look for) work to DWP at an earlier date (in your case sometime between January and July). A phone call with JCP or a note in the journal might suffice. Don’t know if anyone has had any success trying this approach.

Tracey D
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Welfare benefits advisor - Peterborough City Council

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Total Posts: 127

Joined: 18 June 2010

Thanks Va1der

I will give UC a push and see how far we get as he did raise an issue in his Journal in March and May abut his mental health, before sending in the backdated sickness certificate in July.

CA Adviser
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Citizens Advice Calderdale, West Yorkshire

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Joined: 27 September 2011

Hello

Has there been an outcome for your client Tracey D? I have a client with a similar situation
https://www.rightsnet.org.uk/forums/viewthread/17262/

Thanks

UB40
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Debt and Welfare Advice, Community Money Advice, Launceston

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You may be interested in the wording used by the DM in a MR regarding a back dated Fit Note earlier this year.             

‘The law talks explicitly about the date on which medical evidence was first provided rather than
the date from which medical evidence covers. As such the fact that your Fit Note covers the
period from 07/09/20 is not relevant to this determination. I must consider the date on which
you first provided medical evidence that your condition would impact your ability to work’

The MR however succeeded for other reasons. Hope this helps.