All solved.
I just repatched it to 1.04 and all is well.

Although ironically, turning DLSS makes the graphics worse for me, I didn't have frame rate issues at all I was just surprised it would not let me turn it on but it does now so everything is ok.

Thanks to those who made suggestions but I knew it was not a windows update issue (why? because I updated it before coming here).

Cheers everyone.
Actually no, it was nothing to do with windows, it was Cyberpunk because not it all works once I went to 1.04 reinstall.

Your windows is still horribly out of date, regardless of what you are saying. The correct and current version is 20H2 build 19042.685. Unless this is a work computer (group policy locked) or you are update locked from an illegal version you are missing major patches and service packs on your OS. There are zero day vulnerabilities on your current version of windows 10.

You really need to patch your windows using the links i provided directly from Microsoft.

glad you where able to find the solution, i was about to suggest you uninstall and reinstall the game...
seems to fix most of the issues people are having.

you need at least windows version 1809 for DLSS to work.
dont bother update to latest version only shit you will find.