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Getting working disabled self-employed people assessed for LCW under UC

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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This issue has kind of been raised in a previous thread https://www.rightsnet.org.uk/forums/viewthread/14631 (when is a WCA triggered) so I am sorry if I am repeating anything.

I want to be super clear on how working disabled people can get assessed for LCW in practice under UC.

For example - I have a profoundly deaf and a completely blind client (uses guide dog).  Both are trying to pursue self-employment as entertainers and have either made or are looking to make a UC claim.  Both get PIP.

On the face of it, it appears they would meet some of the limited capability for work criteria, if not the limited capable for work and work related activity criteria - for example making self understood, understanding communication and navigation. Is that right?

One has been advised by JC+ that she cannot give in a sick note in order to trigger LCW assessment because she can and is pursuing work.

My assessment is that the ‘fit note’ also contains the option to indicate ‘may be fit for work’ taking into account reasonable adjustments etc, which both of these clients obviously require.

Would that be enough to trigger a WCA?  The previous thread referred to ADM guidance

F5034 Where medical evidence is provided, the DM should clarify whether the claimant is
1. applying for
1.1 a determination that they have LCW or
1.2 the LCWRA element to be included in their UC award or
2. exempt from the work search requirement for a limited period.

Does that mean they could hand in a medical certificate indicating ‘may be fit for work’ and then also request that they are applying for a determination that they have LCW in order to trigger a WCA?

And if so, have I followed the right logic/legal references?

It is really important that I am clear on this because it may help a lot of self-employed disabled people that I work with to avoid the dreaded MIF.

[ Edited: 5 Sep 2019 at 12:01 pm by EKS_COTTON ]
Daphne
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Hi Emma - I think you’re right - you need to get a fit note saying may be fit for work with reasonable adjustments and ask for a WCA to be carried out. There’s guidance at paras G1030 to G1032 about the ‘in work gateway’ which clarifies that claimants who are working but at risk of not being able to do so can be assessed.

The other thing you could do is fill in a UC50 and get them to take it to their work coach and ask to be assessed.

I’d be interested to hear how you get on - I will feed any problems up as part of this feedback

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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Will do Daphne, thank you!

Victoria Hay
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I came here searching for an answer to the same question.

I found this thread, but also an older thread (from April this year) where people had managed to trigger the WCA without sick notes:

https://www.rightsnet.org.uk/forums/viewthread/14333/

No idea which is right. It’s UC, it’s a confusing mess.

EKS_COTTON
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Tax and Welfare Rights Officer, Equity

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thanks Victoria that’s really helpful

EKS_COTTON
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Update: just to day that the med 3 which stated that my deaf client ‘may be fit for work taking into account advice’ was accepted and she is awaiting the WCA, starting with the UC 50 which I will help her complete.

Daphne
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Thanks for letting us know Emma