I have a client whose two periods of incapacity are broken by 8 weeks and 1 day - he is therefore out with (as the DWP say) the linking period.
His first period of incapacity was ended becasue of failure to attend a medical - he was deemed capable of work.
He claimed JSA in the interim.
If he obtained a backdated sick note to take him back into the 8 week zone, would we stymied in terms of arguing to extend the PIW backwards because of actual receipt of JSA during the crucial period?
If he had not claimed JSA, would a backdated sicknote resolve this problem usually? The regs talk about linked PIW's not linked claims?
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