hi i need some help!


i have a client that was claiming IS on the basis of being incapable of work. Cl was also recieving disability premium as cl had been sick for more than a year.

cl failed to attend amedical examination on the 17.1.05
DWP state that on 18.1.05 cl was given a prison sentence. cl made a new claim for IS while in prison on the 7.3.05 and submitted a new medical cert on 18.3.05. cl was discharged from prison on the 18.3.05.

on 31.3.05 IS was awarded. However, the disability premium was not awarde as there was a break in cl’s claim and cl was no longer entitled to disability premium.

DWP are saying the issue here is the FTA the medical examination, however, what about this 8 week linking period?

DWP are saying cl is not within 8 week linking period. However cl has proof that actually he did not go into prison till the 24th january 2005 so that is within the 8 week linking period????

Can anyone help me put here?? Is there anything I can argue!! Cl states that he could not attend the medical because he was in court the next day and could not travel from devon to exeter and be back for the court hearing on the 18.1.05.

Cl also states cl’s sister rang medical services on the 14.1.05 to say cl could not attend medical.

Is there a link between the two periods? Cl is appealing because cl has lost the entitlement to the disability premium and will only qualify in approx a year.

appeal is in 2 weeks!

You might find some mielage in CIS/15611/1996 wwhere it was held that a period in prison does not necessarily break the wentitlement conditions for the disbility premium.

CIS/15611/1996 .... http://www.osscsc.gov.uk/decisions/archive_decisions/st97/10_97.htm

It is the period of incapacity for work which is the important issue and you have two options.

1. It seems that your client would be able to show good cause for non-attendance. If so, his period of incapacity continues and so does benefit (but period in prison might stop payment).

2. The 8 week linking rule starts from the day he is found capable of work (by reason of non-attendance) and ends on 18 March. Is the period in between 8 weeks or less. If not, ask the GP for a backdated medical certificate to cover the earlier period - you then have a continuous period of incapacity.