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Top Incapacity related benefits topic #776

Subject: "52 week linking period" First topic | Last topic
Rob_Price
                              

Principal Welfare & Income Officer, Shropshire County Council
Member since
02nd Dec 2004

52 week linking period
Wed 11-May-05 12:08 PM

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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Replies to this topic

ali l
                              

Welfare Rights Officer, PHACE Scotland Glasgow
Member since
27th Oct 2004

RE: 52 week linking period
Tue 17-May-05 12:24 PM

CPAG p770: I think you're right in that the 52 week period begins on a set date and that cannot be changed. I wouldn't swear by it though.

  

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Top Incapacity related benefits topic #776First topic | Last topic