I've a client who came off IB and got their 52 week linking sorted, then went sick after 2 months and is now, 10 months into the 52 weeks, in Supported Permitted Work, but wants to work over 16 hrs/week. However, they are worried that they will lose their 52 week linking protection. Having read SS (Incapacity for Work)(Gen)1995 reg 13A, I think that the 52 weeks is fixed from 10 months ago and is regardless of any subsequent periods of incapacity. So, if they went full time now then went sick in 3 months' time, they'd go back to low rate IB. Am I right, or is there hope that they would qualify for a further 52 weeks? If so, on what grounds?
Obviously the local DWP do not know the answer.

The welfare to work beneficiary provisions in the regulation referred are distinct from the usual 8 week linking rule in section 30C SSCBA. You say your client worked for two months. If this was actually less then 8 weeks then the standard linking rule applies and he is not a welfare to work beneficiary.

It it was more than 8 weeks then he is a welfare to work beneficiary. The 52 weeks is the linking period between periods of incapacity for work, not the length of the second spell of incapacity.

A person who is a welfare work beneficiary can only take advantage of the scheme on a subsequent occassion if s/he has been incapable of work for at least 28 weeks (reg 13A (3)(b)). In calculating the 28 weeks you can take account of the standard 8 week linking rule.

If I've read your case correctly, your client has taken advantage of being a welfare to work beneficiary and has been incapable of work for 10 months. As this is more than 28 weeks he can again be a welfare to work beneficiary so long as he satisfies the other rules.

Hope this makes sense.