I've got a client who was on IB, then went into full-time work 10 months ago. They have got their 52 weeks linking letter, but went sick 2/3 months into work. Now they've been in Supported Permitted Work for a while and want to work over the 16 hours a week. They've only got 2 months of their linking period left. My understanding of SS (Incapacity for Work) (Gen) Regs 1995, reg 13A is that the 52 weeks are fixed, regardless of subsequent PIWs. This means that if they become ill again in 3 months they will revert to low rate IB.They can only requalify for a fresh 'linking term' 196 days after the end of the current one.
Is my interpretation correct, or could they requalify for a fresh 52 weeks from going full-time again and if so, on what grounds? Obviously the Jobcentre don't know the answer.
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