Retaining worker status after found fit for work
Client is an EEA national. She has been in the UK for 4 yrs. Client stopped work on grounds of incapacity and claimed ESA. She has now been found fit for work at WCA and has claimed UC.
Is the WCA decision likely to cause problems in relation to right to reside? Client had retained worker status (temporary incapacity for work) when she claimed ESA, but will she have lost this after being found fit for work?
Client receives PIP, has been signed off by her GP and is on a waiting list for medical treatment which will require hospitalisation so I think that a common sense approach would see her retaining this status, but I know that common sense isn’t always a factor in these types of decisions.
Temporary incapacity should not be affected by the LCW Assessment - see current CPAG handbook P.1574