Thanks julie, CTIL22 does agree with your thinking, but it is only guidance from the DETR/ODPM. I don’t believe it has any weight in law, it does state that they MAY make an amendment at a later date for ease of reference.
I can accept the DWP stated that there had not been any underlying change in the entitlement or nature, however that isn’t the issue.
An amendment is not simply for ease of reference, I would have thought it would be a legal necessity. Unless the DETR/ODPM have amended the qualifying conditions, I would have serious reservations on treating DPTC as a qualifying benefit for SMI purposes.
Am I just being overly cautious???
