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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

Person on IS under old rules for blind claimants - p/t work

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1976

Joined: 12 October 2012

If someone wants to do part-time work and their IS is a very old claim via the ‘blind’ route, am I right in thinking that they cannot benefit from Permitted Work (as not claiming via any ‘incapable of work’ route) and they’re saddled with the £20 disregard?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1976

Joined: 12 October 2012

Addendum - I now don’t think that is right. Think IS under this route is treated the same as any other incapacity claim. Hurrah.

Embercee
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Welfare Benefits Unit, York

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Andrew, where is the legislation/guidance that tells you this?  Would be really good to know.

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Total Posts: 1976

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Hi - Sweet and MaxwellIS/JSA/SPC etc regulations - in the notes for Schedule 1B IS General regs 1987,  notes for para 13 read:

‘Introduction of ESA - (....) claims to which para 13 apply (sic) are claims for Income Support ‘on the grounds of disability’ - [quoting Reg 1(4) of the ESA (Transitional Provisions) regs 2008 which reads In these Regulations “income support on the grounds of disability” means income support awarded to a person to whom regulation 6(4)(a) or 13(2)(b) or (bb) of, or paragraph 7(a) or (b), 10, 12 or 13 of Schedule 1B to, the Income Support (General) Regulations 1987(1) (prescribed categories of person) applies ]

It’s a claim that would be ESA if it were new, and seems to be treated the same as an IB or SDA claim. Hence I think we can say that Permitted Work rules also apply.

Embercee
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Welfare Benefits Unit, York

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Thanks Andrew - will go and have a read now.