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Top Incapacity related benefits topic #19

Subject: "SDA appeal" First topic | Last topic
Dave Coughlan
                              

Benefits Adviser, Springfield Hospital, London
Member since
22nd Jan 2004

SDA appeal
Tue 10-Feb-04 02:58 PM

Had a recent SDA appeal which might be of interest.
Client on SDA since 1995, on basis of receipt of DLA m/r care (under reg 10 (1)(b) of SS SDA regs 1984). Although these were amended in 1997, there is a saving provision whereby if anyone receives SDA under the old regs and is still in the same period of incapacity for work, then reg 10 shall continue to have effect.

He was re-assessed as 40% disabled on 25/3/03 and therefore his SDA was stopped.

Accordingly, requested revision on the basis he should not be tested as to his 'percentage' disablement but rather, subject to the PCA. Further to this, believed he was exempt from the PCA as under reg 10 (1)& (2)(ab) SS IFW regs 1995;
1)"Where the question whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment, a person shall be treated as incapable of work on any day in respect of which any of the circumstances set out in paragraph(2) apply to him".
(2)"the circumstances are-
(ab) that evidence in accordance with reg 10 of the SS SDA regs 1984 establishes that he suffers from a loss of physical or mental faculty such tht the extent of the resulting disablement amounts to not less than 80%".

They finally saw the light, grudgingly accepted the argument, revised the decision and declared he was exempt from the PCA!

  

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Top Incapacity related benefits topic #19First topic | Last topic