Student eligibility – Incapable of work

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  • #23371

    May seem like a stupid question but:

    I have a claim from a full-time student which has been refused. He has now appealed stating that he has been incapable of work for more than 196 days and should be allowed HB.

    He was in receipt of SSP for the period 09/01/06 to 26/07/06 then went onto incapacity benefit from 27/07/06 to 10/09/06 (46 days). IB was stopped at the claimants request..

    Do periods of SSP count towards treating someone as incapable of work in accordance with reg 56 (2)(e)??

    He was previously in receipt of HB up to 30/07/06 based on SSP but after that had nil entitlement.


    Reading up on the various reference tomes, it suggests that for a student to be assessed as “incapable of work” in this context, they must meet the definition of that term as it is for incapacity benefit purposes. Although the term also crops up in relation to SSP, it means something different(!). Basically, for SSP you are stating that you are incapable of the work as outlined in your current contract of employment. For IB it’s about not meeting the the “all work” test.

    So no, I don’t think SSP periods count. If they did, presumably SSP would be a qualifying benefit for the disability premium?

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