nevip
welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since 22nd Jan 2004
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RE: Linking rule for IS on incapacity grounds
Thu 03-Dec-09 10:28 AM |
Regulation 2 of Employment and Support Allowance (Transitional Provisions) Regulations 2008 states, among other things:
2.(1) A claim for incapacity benefit, severe disablement allowance or income support on the grounds of disability, whenever made, in respect of a period which begins on or after the appointed day, is to be treated as a claim for an employment and support allowance.
(2) Paragraph (1) does not apply to
(d) a claim for income support on the grounds of disability made by a claimant who is entitled to incapacity benefit or severe disablement allowance
And regulation 3 states:
3.(1) A person who is entitled to an existing award is excluded from making a claim for an employment and support allowance.
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