Forum Home → Discussion → Work capability issues and ESA → Thread
DWP treatment of fitnotes/Med 3
I am wondering if anyone has any ideas.
I have a client who is currently going through an ESA appeal and now waiting for a tribunal hearing date. He has handed a sicknote dated 17/06/2011 which is for 26 weeks.
However the DWP have stopped his payment by stating that his sicknote has ran out on 16/09/2011. I have queried this with the DWP and been told that this is part of their guidance and that they can only accept a sicknote for a maximum of 3 months.
I have asked for the Regulations and currently waiting for my 3rd call back. Can anyone shed any light as I cannot find it in the regulations? Am I missing something?
Any help is much appreciated
.
Thanks
That only applies for the first 6 months. See paras 12 and 13 of schedule 1 of the Social Security (Medical Evidence) Regulations 1976.