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I am currently dealing with a client who previously had REA until 1998. He has had a break in entitlement since then and has now re-applied, requesting his claim to be considered back to the date of his accident in 1978. I know that a person who ceases to have entitlement to REA for one or mare days shall not be entitled to REA again, however I have been looking at SSCBA 1992, chapter 4 (in the 2007 book it's page 308-309) and there appears to be the possibility of putting in a claim at any time so long as the period claimed for is not later than one day after the last entitlement. This seems to me contradictory and with the maximum backdate being 3 months does anyone know a way to get entitlement back after a break in entitlement of more than 3 months? any scope in arguing this could beapplied in the same was as percentage entitlements for IIDB where assessed disability starts years before the date of claim and payment commences?
help would be very gratefully received, thanks.
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