WCA when earnings above the threshold

Hi

We have a client who is off work sick, but she is still being paid occupational sick pay, that is above the monthly earnings threshold, so as has no PIP etc cannot be referred for a WCA.

However, she would meet the criteria within Regulation 40 (5) provides that “A claimant is to be treated as having LCWRA if any of the circumstances set out in Schedule 9 applies”.

Specifically 9(3)(c) - (c)recovering from such treatment,and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.

If she does meet 9(3)(c) does the fact her earnings are above the earnings threshold prevent a WCA?

Thanks in advance.

Have edited as I realise I misunderstood the query, apologies!

So, how to satisfy the DWP that that the claimant should be treated as having LCWRA under schedule 9 para (3)(c) *before* a WCA has been completed…?

Nope, can’t see how that’s possible.

However, do you think that reg 28(7) applies?

This is the one that permits a 1p award whilst awaiting a WCA if your income means you’d only be entitled to UC once LCWRA element included.

Brillant, thank you.

roecab - 13 August 2024 02:06 PM

Hi

We have a client who is off work sick, but she is still being paid occupational sick pay, that is above the monthly earnings threshold, so as has no PIP etc cannot be referred for a WCA.

However, she would meet the criteria within Regulation 40 (5) provides that “A claimant is to be treated as having LCWRA if any of the circumstances set out in Schedule 9 applies”.

Specifically 9(3)(c) - (c)recovering from such treatment,and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.

If she does meet 9(3)(c) does the fact her earnings are above the earnings threshold prevent a WCA?

Thanks in advance.

Please DM me your email. I deal with this a lot and I have a beautiful piece of text that I put on the clients journal (with their permission obviously) you do have to cut it into pieces as it does not fit into one journal entry - it directs the UC case manger to pass it to a DM to make a determination of LCW - once this determination is made they then will look at LCWRA. It is a bit of a faff but it seems to work for me.