Awared LCWRA, Will I be backdated ?

calcotti

xxxxxxxx said:

Regulation 28(2) (b)in any other case, the first day on which the claimant provides evidence of their having limited capability for work in accordance with the Medical Evidence Regulations.

A self cert is provided for within Medical Evidence Regulations and must be accepted as Medical Evidence of LCW.  

But self certification is limited to 7 days (by regulation 5 of the Medical Evidence Regulations) and the gap between 25th October and 4th November exceeds this which is why UC may have taken 4th November as the notification date.

xxxxxxxx

To answer your point directly, that is why UC have taken the 4th November, but they were wrong to do so because  the fit note supplied was backdated to cover the period of the self cert
 
Although a self cert is limited to 7 days, it still satisfies Reg 28 from the date it is declared. 

calcotti

The problem is that DWP UC internal guidance suggests that the Fit Note has to be provided by day 8 https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/092-Medical_Evidence_including_fit_notes_V7.0.pdf

Am not clear that that is actually supported by regulations.

poppy12345

xxxxxxxx said:

  the fit note supplied was backdated to cover the period of the self cert
 

Backdated fit notes aren't always accepted either.

calcotti

poppy12345 said:

xxxxxxxx said:

  the fit note supplied was backdated to cover the period of the self cert

Backdated fit notes aren't always accepted either.

Although I can’t see anything in the regulations that prevents it.

poppy12345

calcotti said:

poppy12345 said:

xxxxxxxx said:

  the fit note supplied was backdated to cover the period of the self cert

Backdated fit notes aren't always accepted either.

Although I can’t see anything in the regulations that prevents it.

Me either but they often make their own rules as they go along.

xxxxxxxx

calcotti said:

The problem is that DWP UC internal guidance suggests that the Fit Note has to be provided by day 8 https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/092-Medical_Evidence_including_fit_notes_V7.0.pdf

Am not clear that that is actually supported by regulations.

"From the eighth day of a claimant being unfit for work (after the period of selfcertification expires), the claimant or their representative must provide acceptable medical evidence."  

It only says "from" not "must be received by"  

And this is not supported by Regulations.  The only thing that matters is what do the regulations require.

calcotti

xxxxxxxx said:

calcotti said:

The problem is that DWP UC internal guidance suggests that the Fit Note has to be provided by day 8 https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/092-Medical_Evidence_including_fit_notes_V7.0.pdf

Am not clear that that is actually supported by regulations.

"From the eighth day of a claimant being unfit for work (after the period of selfcertification expires), the claimant or their representative must provide acceptable medical evidence."  

It only says "from" not "must be received by"  

And this is not supported by Regulations.  The only thing that matters is what do the regulations require.

I think the guidance is phrased ambiguously but I agree that the regulations don’t, as far as I can see, require provision of the Fit Note on or by day 8.

xxxxxxxx

To my mind the legislation is clear cut and not open to any interpretation.  Someone needs to go to upper tribunal to sort out the DWP.

calcotti

xxxxxxxx said:

To my mind this legislation is clear cut and not open to any interpretation.  Someone needs to go to upper tribunal to sort out the DWP.

There are several aspects of UC administration which do not appear to be supported by the regulations.