Client in prison for 8 weeks and 2 days (so no linking). Prior thereto in receipt of IS based on incapacity, to include a disability premium (but no DLA). On release client reclaims IS. DWP won’t reinstate disability premium saying he has to serve a further 52 weeks to requalify.

We asked for reconsideration based on IS Regs 12 because “incapable of work in accordance with PartX11A SSCBA” and Bonner commentary and reference to CIS 15611/1996 (exactly like our case)saying days of imprisonment didn’t count as IFW days except in relation to payment of IB so there was no reason that dp could not resurrect immediately on release : sent copy of Bonner’s comments.

DWP took months to respond and we were bounced to and fro between IS and IB. Eventually replied saying “client is a credits only case for IB and pre 6/4/03 it was only where IB was payable that there could be a disqualification from IB not affecting IS if IFW backed up by med certs/pca. The law was amended from 6/4/03 by of the
SS(Credits )Regs 1975, Reg 8B(2), to include periods in credits only cases where imprisonment of customer over 6 weeks. The days of imprisonment can no longer be treated as IFW days.”

DWP seems to have ignored Bonner quoted case as regards IS dp. OK that IB would not be payable nor credits available but there still appears to be nothing to deny ISdp.
1. IS Regs Sched 2 para 12: ISdp payable where IFW for 364 days (8 week linking)
2. SSCBA s30C “a day of IFWmeans a day on which a person is incapable of work ….Regs may make provision re days not to be treated as IFW days “for the purpose of any provision of this Act relating to IB”
3. (in exercise of SSCBA s30 C powers) SS(IB) Regs 94 Reg 4..”for purposes of incapacity benefit” a day is not a day of IFW if disqualified from receiving IB because in prison for more than 6 weeks
4. SS(Credits )Regs 1975 Reg 8B (2) provides credits for an IFW day under SSCBA s30C (and so no entitlement where in prison for more than 6 weeks as per 3 above)..which is what DWP seems ro be quoting

Is anyone aware of any amendment overriding the Boneer quoted case and precluding immediate reinstatement of dp??

Sue C

I've used that CD within the last two years so I can say I've not encountered any reason for its non-applicability now.

All of this credits/IB stuff is irrelevant. The problem is you have to get a med cert for the period.

You must appeal. Do you have the actual CD? It goes very in-depth.

Decision at http://www.osscsc.gov.uk/decisions/archive_decisions/st97/10_97.htm

it looks as if it has been amended unfortunately - i found SI 521 2003 - link below

maybe they didn't like the excellent decision? what _are_ they supposed to refer to the social security committee in amendments like these...does reversing CDs get a mention, if there is anyone out there who knows about this sort of thing?

http://www.opsi.gov.uk/si/si2003/20030521.htm#note2

Agreed that there has been an amendment but I understand it to mean only that CREDITS cases are now treated the same way as IB PAYMENT cases. So that client wouldn't have got the credits. But I can't see that the wording precludes proven IFW which is the only qualifying condition for the disability premium.

Thanks,too, Andrew. You confirm what I believe correct. Yes have a hard copy of Bonner and have read the case: so we'll appeal on that basis.