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Forum Home  →  Discussion  →  Covid-19 issues  →  Thread

SSP and limited capability for work

Ruth Knox
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Vauxhall Law Centre

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I’m sure we have had a thread on whether claiming SSP for self-isolating (or now, shielding) automatically gives you Limited Capability for Work and therefore the Work Allowance for Universal Credit purposes. Anyway, I can’t find the thread at all now.  Any comments?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Originally those infected or isolating (or caring for a child/QYP in that situation) could be treated as having LCW. Nothing to do with SSP entitlement. See here.

This was removed at the end of March when instead the MIF and work search/availability requirements were removed from everyone. See regs 2, 6 and 10 here.

EDIT: I should note that for ESA you can still be treated as having LCW.

[ Edited: 18 Apr 2020 at 09:49 pm by Charles ]
Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Although those who are shielding are now entitled to SSP if employed and not furloughed I haven’t seen anything to suggest they can automatically be treated as having LCW.

Ruth Knox
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Vauxhall Law Centre

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Thanks to both Ian and Charles. . I was obviously conflating the regulation saying that people who were self-isolating (or caring for a child who is self-isolating) had limited capability for work, with the one saying they could have SSP and deciding that anyone getting SSP could therefore have the work allowance - and in any case, it was reversed in the later regulations?  So that’ s another regulation which has been reversed within weeks then? It’s frustrating when you just reach the point where you think you understand them in the first place and then they change.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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But now we get ns-ESA can be claimed by people who have been advised to shield themselves
https://www.rightsnet.org.uk/welfare-rights/news/item/new-style-employment-and-support-allowance-can-now-be-claimed-online

That suggests they are being treated as having LCW (although I don’t know what regulation gives rise to this). Whether or not this therefore applies to UC and would give rise to WA I have no idea!

Charles
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EDIT: Sorry, misread Ian’s post.

SECOND EDIT: See my post here. If I am correct, then it definitely would not apply to UC.

[ Edited: 20 Apr 2020 at 09:04 pm by Charles ]