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Client was on IB credits only, went into prison to serve custodial sentence for criminal offence 23/05/07, released 06/07/07 (6 weeks and 3 days). Made fresh claim for IB/IS on release, failed PCA on 18/09/08, decision now under appeal. DM says a day in prison under these circs cannot be a day of incapacity if sentence is over 6 weeks but did not quote law. Can anybody confirm this and point me to the reg please?
Normally it would not matter, but in this case the client had a PCA in Nov 06. The DWP cannot produce a copy of any docs relating to that PCA (eg IB50, IB85, score sheet). Their computer records only show that the points score was "below the threshold" and that DM concedes that the PCA result was referred to a DM but due to oversight no determination was made. IS therefore continued until client went to prison. If I can show that there was only one period of incapacity, or there were two but they should be linked in some way, I can claim that the DWP cannot demonstrate a change of circs so they have no grounds to supersede the earlier decision that the client was incapable of work.
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