Reg 41 when client fails to return UC50

(4) If it has previously been determined on the basis of an assessment under this Part or under Part 4 or 5 of the ESA Regulations that the claimant does not have limited capability for work, no further assessment is to be carried out unless there is evidence to suggest that—

(a)the determination was made in ignorance of, or was based on a mistake as to, some material fact; or
(b)there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition.

Does this include cases where a client is determined not to have LCW due to failure to return the UC50?

Client doesn’t wish to proceed with WCA. If she doesn’t return the form, will she be precluded from a future WCA under the same condition?

She won’t be precluded. A failure to return the form can only lead to her being “treated as not having limited capability for work”, so it will not have been “determined on the basis of an assessment”.

Many thanks. That was exactly the kind of wording trickery I was hoping for