UC and PIP and LCWRA. How are you meant to send fit notes when you still work?

Kath78

Hi I was told I could have a health assessment while on UC and working  because I claim PIP.  I was currently off on the sick with my condition for a few months then I returned to my job in July 2020.  I had a telephone assessment in July 2020 which then turned to needing a face to face appointment.  I waited and waited still no joy for an appointment.  I contacted the advisory service in March 2021 to see where my appointment was, only to be told UC has cancelled my claim. I phoned UC to ask why and they said because I’d gone back to work,  but should still get an assessment because I’m on PIP.  They asked me if I could send fit notes to them for that duration.  I explained I had gone back to work and doctors don’t give fit notes.  Anyway I went off again for a month due to another flare up from June 2021 went bk on temporarily reduced hrs and got my doctor to give me a fit note with this advice.  I’ve currently had my assessment over phone again and have been awarded LCWRA from today.  Soooooo my questions are: how are you meant to send continuous fit notes in, if you go back into work but are still entitled to claim because of PIP? and will I get any back pay?  I am getting told my assessment is from July 2020 by UC because it shouldn’t of been cancelled but then I’m getting told no……confused and struggling to stay in my job 

calcotti

Kath78 said:...how are you meant to send continuous fit notes in, if you go back into work but are still entitled to claim because of PIP? 

You are not entitled to claim because of the PIP. You are entitled to claim if you have a health condition which limits your ability and that needs to be evidenced by a Fit Note from your GP. The significance of PIP is that people with a Fit Note cannot be referred for an assessment if they earn more than 35* x NMW - unless they get PIP.

*CORRECTION - should refer to 16 x NMW.

Kath78

My condition affects me on a daily basis that is why I get PIP.  I work part time but as years have gone on I have deteriorated hence the WCA. I have regular time off work but I do try to go back as I want my job. I don’t understand what you mean by 35 NMW? 

calcotti

Kath78 said:

I don’t understand what you mean by 35 NMW? 

Apologies - 35* hours x National Minimum Wage.
As explained, to support a Work Capability Assessment referral you need to have Fit Notes from your GP. These would state that you have a health condition limiting the hours you can work and/or requiring adjustments to enable you to work.

*CORRECTION - should refer to 16 x NMW.

Kath78

calcotti 

Apologies - 35 hours x National Minimum Wage.
As explained, to support a Work Capability Assessment referral you need to have Fit Notes from your GP. These would state that you have a health condition limiting the hours you can work and/or requiring adjustments to enable you to work.

Ok thankyou 

Adrian_Scope

calcotti said:

You are not entitled to claim because of the PIP. You are entitled to claim if you have a health condition which limits your ability and that needs to be evidenced by a Fit Note from your GP. The significance of PIP is that people with a Fit Note cannot be referred for an assessment if they earn more than 35 x NMW - unless they get PIP.

Hi @calcotti, it's 16 hours at NMW (see G1033 here).

@Kath78, your predicament is one I've heard a lot. Unfortunately it's not widely enough known that GPs can write Fit Notes even if you're working. So instead of marking that you're unable to work at all, they'd list that you could with adjustments such as reduced hours or workload. 

Would your GP be willing to write you a backdated Fit Note as UC have requested?

calcotti

Adrian_Scope said:

calcotti said:

You are not entitled to claim because of the PIP. You are entitled to claim if you have a health condition which limits your ability and that needs to be evidenced by a Fit Note from your GP. The significance of PIP is that people with a Fit Note cannot be referred for an assessment if they earn more than 35 x NMW - unless they get PIP.

Hi @calcotti, it's 16 hours at NMW (see G1033 here).

Of course it is! Thank you for spotting and correcting that and apologies to OP for incorrect post.

Adrian, if you are able to add to my original post to avoid misleading anyone else skim reading the thread that would be helpful.

CORRECTION - should refer to 16 x NMW.

Adrian_Scope

Will do, thanks @calcotti.