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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Can you ask for a WCA without a fit note?

MaisieM
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Rossendale and Hyndburn Citizens Advice

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Total Posts: 11

Joined: 14 April 2021

I have a client who seems to be in Catch-22. She has 2 jobs with the local council at a primary school as lunchtime welfare assistant and helper at the after school club. Occasionally she is asked to help with the breakfast club to cover for colleagues. She is 64 and has mental health issues. She loves working with the children and it gets her out of the house. She claims UC for housing element which pays her rent less an underoccupancy charge.

The problem is she has now fallen below the significantly increased administrative earnings threshold and she is being pressured to increase her hours. When she explained she couldn’t as they are determined by the needs of the school, she was told to look for another job. This is exacerbating her MH issues. Her GP is sympathetic and has offered to do what she can to help.

On the face of it the client may be considered to have LCW which would exempt her from the AET, but does she require a fitnote to begin the process for a WCA? She told me she would rather forego the UC until she reaches retirement age than stop work even for a limited time. Or could the GP provide a fit note which said the client is fit for work, but provided she is not required to change her working hours or role? Would this be enough to begin the process? Grateful for any thoughts/advice.

Dan Manville
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Greater Manchester Law Centre

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Joined: 22 January 2020

MaisieM - 02 September 2024 02:09 PM

Or could the GP provide a fit note which said the client is fit for work, but provided she is not required to change her working hours or role? Would this be enough to begin the process? Grateful for any thoughts/advice.

Yes they could and yes it would so long as their earnings aren’t more than 16 times NMW.

I’d probably be aiming for LCWRA rather than simply LCW.