Assessment of being Incapable for work (incapacitated for child care costs)

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    Julie whiston


    This query relates to regulation 28 (11) (c) of the Hb regs 2006.

    Looking at historic posts am I correct in reaching the understanding  that it is the DWP only who can make the the assessment  that the customers, is incapable of work, and has been so incapable for the period of 196 days ?

    I think I have identified a customer who does not meet the other qualifying criteria for incapacitated in reg 28 (11) but who would meet this criteria if they were so assessed. 

     They have not been working due to health issues for a number of years, previously claimed ESA a few years ago now, but were not entitled due to not having made enough contribution for ESA C and was not entitled to ESA IR due to their partners income.

    They have a formal sick note from doctor from September 2012 only , but have also  provided asupporting letter from the doctor stating they first saw him in Febuary 2012 and consider he has been unable to work due to ill health since this time. Would the calculation of the 196 days have to start again, or would the DWP be able to make a backdated assessment for the period covered by the doctors sick notes and letter?  

    What precisely do i need to advise them to due re getting assessed in accordance with part 12 A of the Act (incapacity for work)? Obviously if he reclaimed ESA it would also open up possible entitlement to child care disregard under reg 28 (11) (ca) .

    As he is not likely to be paid any DWP Benefit, Is there anything specific I need to ask him to request from DWP to confirm that he has been assessed as incapable for work under part 12 A of the Act (incapacity for work)? Or as having a limited capacity for work in accordance with the Employment and Support Allowance  Regulations for 196 days or more for the purposes of confirming that he is incapacitated  for the purposes of the HB/CTB child care disregard ?

    Many thanks in advance for sharing the benefit of your expertise. An answer to any of my many questions in this case would be greatly appreciated even If you are unable to answer all the questions.

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