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Limited capability to work
- Ger
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3 years 3 weeks ago #267566 by Ger
Limited capability to work was created by Ger
Hello, I wondered if anyone can help. I'm getting a quite confused and I've spoken to citizens advice and tried to talk to uc about it but I don't understand.
When trying to be assessed for limited work groups, I understand I need a fit note. However I am at work currently but struggling repeatedly and going off sick very frequently. I was off for 4 months last year and wish I'd have know about it then as maybe I wouldn't have had to return.
so my question is even though I have a job and could manage some hours a week. Do I have to go off sick while I am assessed and give them doctors notes, or can a doctor still provide a note if I still turn up at work?
Thank you
When trying to be assessed for limited work groups, I understand I need a fit note. However I am at work currently but struggling repeatedly and going off sick very frequently. I was off for 4 months last year and wish I'd have know about it then as maybe I wouldn't have had to return.
so my question is even though I have a job and could manage some hours a week. Do I have to go off sick while I am assessed and give them doctors notes, or can a doctor still provide a note if I still turn up at work?
Thank you
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- Gary
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3 years 3 weeks ago #267589 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Limited capability to work
Hi Get
To qualify for ESA you need to meet basic qualifying condition;
~ You have limited capability for work
~ you have accepted a claimant commitment , if required to do so
~ you are aged 16or over
~ you are under pension age
~ you are not in work
~ you are not within a period of entitlement to statutory sick pay
You are generally not entitled to ESA in any week in which you work. This means any work you do, whether or not you expect to be paid for it.
ESA Regs, reg 40(1)&(7); ESA Regs 2013, reg 37(1)&(8)
Gary
To qualify for ESA you need to meet basic qualifying condition;
~ You have limited capability for work
~ you have accepted a claimant commitment , if required to do so
~ you are aged 16or over
~ you are under pension age
~ you are not in work
~ you are not within a period of entitlement to statutory sick pay
You are generally not entitled to ESA in any week in which you work. This means any work you do, whether or not you expect to be paid for it.
ESA Regs, reg 40(1)&(7); ESA Regs 2013, reg 37(1)&(8)
Gary
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- Jane
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3 years 3 weeks ago #267618 by Jane
Replied by Jane on topic Limited capability to work
Hi Gary & Ger (for the question)
if you are on ESA, have a fit note, are you not allowed to do 'permitted work' though? I am finding it very confusing as to what the rules are. TIA
if you are on ESA, have a fit note, are you not allowed to do 'permitted work' though? I am finding it very confusing as to what the rules are. TIA
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- Gary
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3 years 3 weeks ago #267629 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Limited capability to work
Hi Jane
Have a look at the following factsheet by Gov.UK; www.gov.uk/government/publications/emplo...itted-work-factsheet
It goes through permitted work in details.
Gary
Have a look at the following factsheet by Gov.UK; www.gov.uk/government/publications/emplo...itted-work-factsheet
It goes through permitted work in details.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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3 years 3 weeks ago #267631 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Limited capability to work
Jane
If your GP issues a Fit Note saying you are Unfit for Work then you are going to have a problem with your assessment not just your doing Permitted Work if you are still working.
You can get your GP to issue a Note saying you are capable of doing some work, you will need to speak to them about how it is phrased and specifically the hours you can work.
But, you are still creating problems with your assessment, you will need to clearly identify why you are able to do this work whilst still meeting the specific criteria for Limited Capability for Work
Gordon
If your GP issues a Fit Note saying you are Unfit for Work then you are going to have a problem with your assessment not just your doing Permitted Work if you are still working.
You can get your GP to issue a Note saying you are capable of doing some work, you will need to speak to them about how it is phrased and specifically the hours you can work.
But, you are still creating problems with your assessment, you will need to clearly identify why you are able to do this work whilst still meeting the specific criteria for Limited Capability for Work
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary, Jane
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