I am currently dealing with a guy that has a number of problems, the most recent is, Incapacity benefit have stopped his money, he apparently has not been entitled to claim Incap since 1999, but they continued to pay him until 23/02/04. He has now made a new claim for sickness benefit, but they are refusing to include the Disability Premium, they are treating this as a new claim and have said he has to wait 12 months, is this correct?
I feel this is totally unfair and i am in the process of writing to them (i have rung and got nowhere), I have a sicknote from his GP, on it he has written "This continues his claim which started in 1999", can i use this as a backdated sicknote, or am i best obtaining another from the GP?
I would be grateful for any guidance or information that i could use to help my client.
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