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WTC + disability migration to UC - are med certs required?

Emma
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Benefits Team - Sheffield ME/Fibromyalgia Group

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Total Posts: 11

Joined: 24 July 2019

Morning :) I have a client who has been historically medically mis-managed and as a result suffers from cPTSD. They are self employed and iro WTC/PIP currently, however migration is happening and they’ve made their UC claim. I’ve prepared them for the eventuality of a WCA, however they are going to really struggle getting a med3 due to their mh, is there an alternative? is Reg41(2)(a) relevant here, or am I misinterpreting this?
Thanks for any input!

Andyp5 Citizens Advice Bridport & District
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Citizens Advice Bridport & District

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Joined: 9 January 2017

Emma - 16 April 2024 09:38 AM

Morning :) I have a client who has been historically medically mis-managed and as a result suffers from cPTSD. They are self employed and iro WTC/PIP currently, however migration is happening and they’ve made their UC claim. I’ve prepared them for the eventuality of a WCA, however they are going to really struggle getting a med3 due to their mh, is there an alternative? is Reg41(2)(a) relevant here, or am I misinterpreting this?
Thanks for any input!

Alternative evidence in the absence of a fit note - see https://data.parliament.uk/DepositedPapers/Files/DEP2023-0791/101._Medical_evidence_including_fit_notes_V14.0.pdf  - https://www.legislation.gov.uk/uksi/1976/615/regulation/2

See paragraph 1 for a definition of a ‘health care professional’ - https://www.legislation.gov.uk/uksi/1976/615/regulation/1

Reg 41(2)(a) is relevant i.e. they can be still be referred for a WCA.