Client failed a PCA and appealed, claiming JSA in the meantime. He won the appeal two months ago but when I checked with him yesterday he told me that the DWP had informed that because he had been claiming JSA they would not reinstate his IS without a new claim and back-dated med certs.

I thought that once any decision altering entitlement is superseded or revised on appeal then the previous awarding decision has full legal force and must be implemented without undue delay.

What do you think- does he have to make a new claim?

Thanks.

There is no need for a fresh IS claim. A claim is a claim to entitlement but he is already entitled so there is no need to re-claim. The DWP might wish for a signed statement saying no change of circs but that is a different matter altogether. The DWP merely re-instate IS, supesede the JSA decision and offsets any amount of JSA paid.

Furthermore, once he is actually incapable of work (i.e. having passed the pca) as opposed to being treated as incapable (i.e. under the own occupation test) there is no requirement to provide sick notes.