This might be a case of me overthinking the issue and the answer could be quite straightforward.
I have a client who is furloughed and had been diagnosed with lymphoma. His employer have not put him on sick leave and have continued to furlough him because he receives a higher level of pay if furloughed. He would only receive SSP on sick leave.
Can he undergo a work capability assessment for UC and be assessed as having LCWRA? His furlough pay is above £617.76 per month and if he was actually working and earning this he would be treated as not having LCW. He doesn’t receive PIP and so can’t be exempted this way from this rule. If his pay was sick pay he would be ok as he wouldnt be treated as actually working. Is he treated as being in work whilst furloughed as he would be for WTC?