A8 incapacitated worker?

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    Clmt came from Lithuania 2001 on 6 mth visa. She got workers reg card and continued to work until became incapacitated Jul06. Had serious injury which resulted in hospitalization. Went back to Lithuania for 11 mths Jul06 to recouperate: returned to UK in Jun07. Made claim HB Aug07 and tried to get IS/Incap Ben but was refused as failed HRT. Clmt then got JSA(C) Aug-Oct then got Incap Ben from Oct07. Claiming JSA(C) appears to have stopped her being treated as an incapacitated worker and as her absence from UK was more than 6 mths she has lost her R2R under this status. Any ideas if I can consider her as still incapacitated despite claiming JSA(C)?.


    One of the main factors of JSA is that the claimant has to sign a jobseekers agreement saying how and where they will look for work, and what kind of work they will take – therefore (unless there is any caselaw anyone knows to the contrary), I cannot see how the person could be classed as unable to work.

    Unable to do some types of work maybe, but able to do some kind of work, surely? 8)

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