Relevant period when WCA delayed due to earnings.

Client claims UC and declares health condition with Fit Note saying their ability to work is limited. However client is employed and earnings above the earnings threshold that permits a WCA referral so WCA cannot commence. A few months later has reduced hours of work and drops below threshold and WCA can commence.

My question is, if found to have LCWRA, when would the relevant period start from. Is it 1) from when they reported, and evidenced, the health condition or is it 2) from some later date, and if so when?

If the answer is 1) this could conceivably result in LCWRA element being payable from before the WCA referral was actually made which seems a little bizarre or would they not be entitled to LCWRA element until the wages have dropped even if the relevant period is treated as served..

In terms of the WCA referral earnings threshold the rules refer to in work and earning. I am not clear whether this means actually working and earning or would also mean that that on sick leave with sick pay over the threshold would also preclude a WCA referral. If there is a difference in treatment UC are not going to pick this up from the RTI feed.

Thoughts welcomed.

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