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We have a client who has, with breaks, been in receipt of Incapacity Benefit for some time. He was sentenced to 5 years in prison (served the full sentence). He has now been told that he cannot claim Incapacity Benefit as insufficient stamp paid. He attended a Tribunal prior to instructing us, which held that he was not entitled to the Incapacity Benefit for the period of his imprisonment.
client requested information regarding whether he could have a backdate of Incapacity Benefit. It was our understanding that this could not occur as the only stamp he could obtain in retrospect would be class 3 (voluntary) and this does not create an entitlement to Incapacity Benefit.
However, Social Security Office have suggested to client that he appeal to the Commissioner against the decision on the basis that it is `unfair`.
Can anybody shed any light on this and help us if appropraite to appeal.
Many Thanks
Leanne
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