LCA assessment and working

My clients are a couple, both working so their earnings are over the normal limit for a WCA.  However, the wife is in receipt of PIP and they have requested a WCA as per reg 41 (2) (b).  The wife has now been asked for Fit notes - whilst these would probably be easy to obtain and they could be backdated I don’t see that they should be necessary - the PIP award in itself is evidence of a condition for at least 3 months, and the regs don’t mention this.  Is there a justification for it?

The DWP are able to carry out a WCA in your client’s circumstances (legally that is), but in order to start the relevant period for the LCWRA element, they do require medical evidence, usually a fit note:
reg 28 UC Regs read with reg 2 Social Security (Medical Evidence) Regs 1976

Reg 2 is also relevant because even if the client is just trying to get the work allowance, that is an ‘advantage’ (reg 2(1)).

However, reg 2(1A) of the Med Ev Regs says where it would be unreasonable to provide a med cert then other evidence can be provided.

The path of least resistance may be to get a fit note though (as a fit note doesn’t have to sign someone off work), because in practice what you’re trying to do is trigger the WCA process & it will be a right hassle to get them to do it otherwise.

If that isn’t possible, then argue reg 2(1A) & point to PIP & any other medical evidence (eg evidence of her condition), then escalate as needed….

Thanks Will, that’s really helpful to know.  In this case there’s no problem with the fit note, but it just came as a surprise to me - I thought the PIP award would be enough to trigger the assessment.  Ruth