Student eligibility – Incapable of work

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  • #23372

    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.

    Kevin D

    I’m tending towards “yes” – SSP does count as incapacity. But, I’m not sure, offhand, whether that falls within Part 12A of the Act, so not 100% certain. Perhaps the notes on page 374 of Findlay may help (18th Edition).

    As an aside, HBR 56(2)(e) contains this wording:

    “[b:2691f1f7f1]who is, or is treated as, incapable of work [/b:2691f1f7f1]”

    Therefore, the person must also be incapable of work NOW, as well as previously.


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