Hi
I understand that a full-time student can claim HB if 'they have been incapable of work for 28 weeks'
In practice how would this work -would a backdated medical certificate from a GP be sufficient as they are not in receipt of any disability related benefit. I am looking to help them claim in the summer vacation as they will have no income.
I have asked a similar question regarding ESA in the incapacity section.

Thanks
Alan

In my opinion, a Doctor's certificate would not, in itself, be enough.

Assuming this is with HBR 56(2)(d)to(ea) in mind, specific reference is made to SS Acts. On that basis, the LA must follow the DWP's lead on capability of work - the determination must be by the DWP.

R(H) 3/06 (paras 16-20) looks at a not disimilar requirement in the context of rent restrictions under "old" HBR 11 (now 13).

thanks for your reply - how can we get a DWP capability assessment, if they are not entitled to claim a relevant benefit e.g. Incapacity Benefit or ESA ?

Thanks

An incapacity determination is needed for an award of NI credits. In practice, a claim for the relevant benefit is made and then refused but the award of NI credits is then made.

I would certainly also advise thst your client gets a backdated medical certificate as retrospective medical evidence may be accaptable see CIS/2699/2001