To qualify for SSP you must be ‘incapable of work’ – Section 151(4) SSCBA 1992 and UC referrals for WCA

Playing devils advocate on the topic of client’s declaring health conditions.

Client declared he had a ‘health condition’ that did not restrict his ability to take up work. In spite of him being in receipt of Statutory Sick Pay on the UC claim. Reg 41(2), (3) UC regulations 2013 did not apply in this case i.e. SSP not contractual did not amount to 16 x NMW.

Client has extensive health issues including mental health and on and off the CMHT books. 

Anyway, referral for WCA came much later and client found to have LCWRA.

Is it unreasonable to expect in the above scenario a WC or CM to delve deeper i.e. be proactive?