I am advising a client who has mental health problems. She has been treated as a hospital in-patient for a long time. Currently she is only receiving the much reduced amount of Incapcity Benefit.

If there were a way for her to stop being a patient for a day or two might she become entitled to full Incapacity Benefit on her return to hospital?

I would say the answer is yes. There are conflicting decisions as to whther or not your client would have to be out of horpital for a 24hr period, but have a look at the General Note to the Social Security (Hospital Inpatients) Regulations 1975 in Bonner