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“Closing the health journey when a fit note has expired” - does anyone have this guidance?
We are working with a lot of refugees who have just got status. As you know those first few weeks and months are chaotic, as they’re moved out of Home Office accommodation (in Westminster, hotels) and placed in Temporary Accommodation, often out of the borough meaning they may need to register with a new GP etc.
The result is I am seeing lots of cases where they’ve closed the WCA referral because of the gap in the MED3s. I was reading the latest UC guidance on WCA and it says to look at “closing the health journey when a fit note has expired.” I can’t see that it’s in the public domain, but if it is please can someone share it? I’ll do an FOI request too.
I saw on an earlier post the view that it wasn’t an appealable decision but as it’s being given with a “if you disagree with this decision”, I am requesting MRs anyway… Although for the last one I did, I got a WSoR rather than an MR.
...I was reading the latest UC guidance on WCA and it says to look at “closing the health journey when a fit note has expired.” I can’t see that it’s in the public domain, but if it is please can someone share it? I’ll do an FOI request too.
Are you referring to this UC guidance? Work Capability Assessments v.24
It’s a deposited paper on the parliamentary website so it is in the public domain. The relevant section is a few pages down under ‘Withdrawal from the Work Capability Assessment process’
Yes, this is the guidance I was looking at. On page 5, it says - “See: closing the health journey when a fit note has expired”. Unless I’m missing it, this section is not in the same guidance. I presume there must be another document that details the new process whereby they close the WCA referral (sorry - “end the health journey”!) after a 21 day gap in the sick notes. That’s what I was after. Thanks
We are working with a lot of refugees who have just got status. As you know those first few weeks and months are chaotic, as they’re moved out of Home Office accommodation (in Westminster, hotels) and placed in Temporary Accommodation, often out of the borough meaning they may need to register with a new GP etc.
The result is I am seeing lots of cases where they’ve closed the WCA referral because of the gap in the MED3s. I was reading the latest UC guidance on WCA and it says to look at “closing the health journey when a fit note has expired.” I can’t see that it’s in the public domain, but if it is please can someone share it? I’ll do an FOI request too.
I saw on an earlier post the view that it wasn’t an appealable decision but as it’s being given with a “if you disagree with this decision”, I am requesting MRs anyway… Although for the last one I did, I got a WSoR rather than an MR.
I can’t see any reason why this isn’t an MR-able/appealable decision. The relevant provisions they are relying on are, if I’m not mistaken, in regulation 43 of the UC regulations. The requirement to provide a sicknote I think falls under 43(1)(b): ‘any additional information that may be requested by the Secretary of State [required to determine whether a claimant has limited capability for work or for work and work-related activity]’. There is a ‘good reason’ exemption from this requirement under para 3 and I can’t see why you couldn’t MR and then appeal any negative decisions, arguing ‘good reason’ based on your clients’ individual circumstances (health conditions, language barrier, chaotic circs having just settled in UK, social security system completely alien to them etc. etc.).
It’s also worth checking that the DWP have complied with their requirement under para 4 about sending a further request for the evidence and then waiting for a response.
See this.
Again, it just refers to it.
I see you submitted an FOI request, linked here in case others want to keep an eye on it too: https://www.whatdotheyknow.com/request/work_capability_assessments_clos
I’ll keep trawling deposited papers for the ending health journey guidance when I get a chance but suspect it would’ve been picked up already if it had been released before now…
Can’t advise re reg 43 challenge without further consideration - this isn’t something I’ve come across before. Far more common for health journeys to be ended due to failure to attend assessments, or health journey to proceed despite lack of fitnotes then argue about how far LCWRA element backdated as a result of gaps…
The requirement for fit notes has an independent existence at reg 2 Social Security (Medical Evidence) Regulations 1976, so the DWP would say that they are relying on that rather than reg 43 UC Regs.
The basis for the argument that ‘ending the health journey’ in this way not being an appealable decision would be the idea that it is not an ‘outcome decision’ under ss. 8 or 10 SSA 1998, so doesn’t engage the right of appeal under s.12 - the point being that refusing to exercise the power under reg 41 to carry out a WCA doesn’t of itself have any impact on the client’s ‘pounds in the pocket’ entitlement.
I see you submitted an FOI request, linked here in case others want to keep an eye on it too: https://www.whatdotheyknow.com/request/work_capability_assessments_clos
I’ll keep trawling deposited papers for the ending health journey guidance when I get a chance but suspect it would’ve been picked up already if it had been released before now…
Can’t advise re reg 43 challenge without further consideration - this isn’t something I’ve come across before. Far more common for health journeys to be ended due to failure to attend assessments, or health journey to proceed despite lack of fitnotes then argue about how far LCWRA element backdated as a result of gaps…
I trawled the Parliament.uk website and couldn’t find anything more than what’s already been highlighted. I suspect that it’s yet to be published.
The requirement for fit notes has an independent existence at reg 2 Social Security (Medical Evidence) Regulations 1976, so the DWP would say that they are relying on that rather than reg 43 UC Regs.
The basis for the argument that ‘ending the health journey’ in this way not being an appealable decision would be the idea that it is not an ‘outcome decision’ under ss. 8 or 10 SSA 1998, so doesn’t engage the right of appeal under s.12 - the point being that refusing to exercise the power under reg 41 to carry out a WCA doesn’t of itself have any impact on the client’s ‘pounds in the pocket’ entitlement.
Thanks Elliot - pleased someone who knows their way around ss. 8 and 10 had an answer on this. Didn’t strike me as an appealable decision so it’s helpful to have this confirmed.
May be worth complaint and/or JR but ideally would want to see that missing guidance first…
The DWP have responded to my FOI request and published the guidance here:
https://www.whatdotheyknow.com/request/work_capability_assessments_clos?nocache=incoming-2655843#incoming-2655843