Not heard anything about claiming LCW or LCWRA

Shazza1
Shazza1 Online Community Member Posts: 52 Connected
in Universal Credit (UC)
Hi so I submitted my health conditions and sick notes on 12th January alongside my UC claim. Unfortunately due to employer element of sick pay in my wages I did not get any UC at all but this month it’s SSP only alongside some typical tax back which gave me take home of 627 pounds. I’m just wondering if this is why I have not been contacted to fill in the claim form. I’ve been off work since beginning December and now getting pressure from work about returning in a different role and reduced hours etc. They are wanting to involve occupational health now. 
Because I am hearing such horror stories about getting approved for anything benefit wise I’m worried now as time is going by and I have a mortgage to pay. So my questions are:
Why haven’t I been asked to fill in any health questionaire
if I could somehow return to work 1 day a week to retain some form of employment does this mean I can’t therefore apply for LCWRA etc. I heard you could as long as it’s not contrary to your reasons for claiming but then I’d have to report I’m going back to work before I’ve done any form or assessment and therefore what would be the situation regarding submitting sick notes? 
Sorry if this is all long winded but my brain is going into overdrive worrying about money and feel like I’m being forced back to worked when I am medically unfit to do this and I don’t know what to do. I am in the process of being diagnosed with small fibre neuropathy, I have dizzy spells etc plus now tetanus’s has developed. I also am on meds for anxiety and have inflammatory and psoriatic arthritis in my hands. Amy advice would be appreciated.

Comments

  • Shazza1
    Shazza1 Online Community Member Posts: 52 Connected
    Sorry the auto spell should have read developed Reynauds not tetanus
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Before your SSP started if your earnings were more than 16xNMW/week then you can't be referred for a work capability assessment, unless you're claiming a disability benefit such as PIP/ADP or DLA.

    If your earnings are less than this then they should refer you from day 29 of your claim, though it can often be longer than this. Put a message onto your journal and ask them to refer you for the WCA. You must also continue to provide fit notes without any gaps until a decision is made on your claim. 
  • Shazza1
    Shazza1 Online Community Member Posts: 52 Connected
    Ok thank you. And what about the situation of people working and going still submitting sick notes to UC. I don’t see how this can be correct
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    edited February 2024
    As I advised, you need to be claiming a disability benefit to be referred for a work capability assessment is your earnings are more than 16xNMW per week. Some people claim disability benefits as well as work. 

    Edit to add a link as proof my advice is correct. https://www.entitledto.co.uk/help/

    Earnings and the work capability assessment

    If your capability for work has not yet been assessed

    The work capability assessment which determines your entitlement to a limited capability for work element will not be carried out, therefore you will not receive a LCW or LCWRA element, if your earnings are equal to or above a set threshold. This threshold is the amount you would earn if working 16 hours at the national minimum/living wage.

    The exceptions to this are if you are receiving Attendance Allowance, Disability Living Allowance or Personal Independence Payment, or can be  without having to go through the work capability assessment. In these cases the earnings threshold does not apply.


  • Shazza1
    Shazza1 Online Community Member Posts: 52 Connected
    Thank you. Yes I understand it has to be under 16 hours but would you then have to still submit sick notes? That was where my confusion is 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes you need to provide fit notes without any gaps until a decision is made on your work capability assessment. I did advise that in my previous comment earlier today. 
  • Shazza1
    Shazza1 Online Community Member Posts: 52 Connected
    I appreciate your help but how can someone provide sick notes if they are working. I apologise that I’m maybe being a bit thick here but if my sick notes say I’m unfit for work how can I be submitting them and then telling UC at the same time I’m working 8 hours a week. Please help me understand this grey area 
  • Kimi87
    Kimi87 Online Community Member Posts: 5,259 Championing
    The person writing the sick note could say "capable of part time work only" etc.

    They are actually called Fit Notes and the emphasis is supposedly on what you can manage rather than what you can't. All kinds of things can be written on them. 
  • Shazza1
    Shazza1 Online Community Member Posts: 52 Connected
    Ok that helps thank you 🙂

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