I have a young man who is entitled to DLA, HRM & HRC & lives alone etc.
He was claiming SSP from his employer, unfortunately his employer sent his SSP1 & his valid sicknote to the incapacity benefit office, who say they do not have it. No claim for IB has yet been generated. His IS has also stopped, they say they want a valid sick note, before they will continue paying it.
I argued that his DLA gives him entitlement to IS & he should not need a sicknote. Any case law on this point.
We have now activated a new claim for IB.
Thanks Val

Wed 13-Jun-07 11:03 AM by dbcwru

DLA is not a qualifying benefit for Income Support. However a letter to confirm incapacity for work for 'X period' from his GP would be acceptable.
In theory you could be working and receive DLA. You must register sick to claim Income Support on that basis.

That's what i was going to say but i think the point is that HRC DLA exempts a claimant from needing to pass the PCA, therefore their entitlement to IS as a result is effectively a given, notwithstanding the need to satisfy other conditions.

Thanks to both of you for that. I have activated a new claim for IB and will send copy of sick note to IS

Hi

If you are able to look at the Decision Makers Guide,
Volume 4, Chapter 20 - IS condiions of entitlement
20100 - 5.People incapable of work
20134 - 2. treated as incapable
20136 - 5. in receipt of DLA HRC

I read this that as long as he is not in renumerative work, over 16 etc.etc, that DLA HRC means he is incapable of work and therefore does not need a sick note or claim IB to be entitled to IS.

As you probably can tell I did work for the DWP (boo! hiss!!), but quote this back at them..I don't know the regs, but this should be in small print under the DMG ref.
Hope this helps

Sandra

The advice quoted above is correct. DLA (at any rate) is not of itself a qualifying benefit for IS (schedule 1B, IS Gen’ Regs).

However, this is of little relevance in practical terms. The person will usually be able to claim IS on the basis if incapacity for work.

Receipt of the higher rate care component exempts a person from the PCA allowing them to be treated as incapable of work under reg 10 of the Incapacity for Work Regs.

If they are treated as incapable under the Incapacity for Work Regs then they then become a prescribed category of person under schedule 1B (above) who can claim IS.