Need to reduce my working hours
Hi, does anyone know how best to go about reducing my work hours due to poor health? I have been off sick for 3 months but work want to have a meeting to discuss when I can go back. This follows an occupational health assessment, which told them that when I felt able to go back that they recommended a 6 week phased return. I have told HR that I won’t be able to come back on my full hours and HR lady was going to talk to the boss to tell her. It was left for them to send me a form to apply for flexible reduction in working hours (not yet received) and for me to enquire about LCWRA and to let them know if I was going back to work when my Fit Note runs out (1 week left).
Does anyone know, if I ask my GP to provide another Fit Note stating that I may be able to return to work with a reduction of hours and stating that my hours of work are limited, will Universal Credit accept that Fit Note and subsequent identical Fit Notes to apply for LCWRA? And if I go ahead and go back to work on reduced hours, before a Work Capability Assessment, will Universal Credit still accept me for a work capability assessment for LCWRA? I would appreciate any advice. Thanks.
Comments
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Yes, you can ask a GP to provide a fit note for your employer for less hours. It's called a fitness of statement to work and doesn't have to say you're unable to work at all.
Same applies for UC if you report your health condition. Please also be aware though that for UC for the work capability assessment, if you're not claiming PIP/ADP or DLA then they can't refer you for the work capability assessment if your earnings are more than 16 x NMW/week.
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Thank you. Do you know what the 16 x NMW per week is? Is it £11.44 X 16? So is it £183.04 gross per week?
My hourly rate is £13.05 so if I reduce my hours would I need to ensure my gross weekly wages didn’t exceed the £183.04 gross pet week to qualify for LCWRA?
So can it be less hours than 16 hours a week?
Thanks.
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Yes, it's £11.44 x 16. It's not the hours that count, it's the earnings. If your earnings are more than that per week, they won't refer you for the work capability assessment. If you claim one of the disability benefits I mentioned above, then the earnings are irrelevant.
Once a decision is made on the WCA if found to have either LCW or LCWRA then your earnings are irrelevant, there are no earnings limit.
To qualify for LCWRA you must meet at least one of the descriptors, which you can see here.
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Thank you Poppy, I appreciate your time in providing this information which helps me.
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I have just been awarded standard daily living PIP. So does that mean even if I earn more than £11.44 X16 a week, that I will still be referred for a Work Capability Assessment?
I have to fill in a Flexible Working form to ask to reduce my hours, there are so many variables to consider what hours to ask for. Although I feel I can’t work many hours, I am concerned that if I don’t get accepted for LCW or LCWRA that I will be in a worse position if Universal Credit say I have to look for more hours or a new job altogether so thinking if I get the £892 AET gross wages they won’t hassle me to look for other work. I have 2 years until retirement age.
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They (UC) won't send you for a WCA if you are earning over 16 hours x National Minimum age. Even if you earnt whatever that amount is in 1 hour.
That might be where the 16 hour confusing is coming in.
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As Poppy advised, if you get PIP the earnings limit for a WCA doesn't apply.
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So even with PIP, would I not be eligible for a WCA if I earn over the 16 X NMW a week?
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That’s not correct, please have a read of the advice I gave.
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That's not what I said.
It means with PIP the 16x NWM rule doesn't apply.
You could be earning 50 X NMW (random figure for illustration purposes) and qualify for a WCA, because you get PIP.
There is no limit on earnings to get a WCA while on PIP.
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I did advise you a few times that if you claim a disability benefit such as PIP the earnings rule does not apply.
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Thanks for clarity. I reread all the messages to be clear.
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