Hi,

If a person has been in receipt of IS based on incapacity for work for a few years now but has now become a full time student what is the process to remain entitled to HB.

The students loans / grants are likely to take his income above his applicable amount for IS and therefore he will no longer receive IS payments.

I am aware that as he has been incapable of work for more than 56 days (28 weeks) he is a full time student that can claim HB. However, I am not sure of the process. Does he need to continue to satisfy the rights to claim IS by completing IB50's etc?

Any help would be appreciated.

Thank you

The determination of incapacity for work is a matter for the secretary of state and so your client needs to contunue to satisfy the requirements, if necessary by completing the IB50 etc.

This will also apply to the disability premium as well as eligibility for HB as a student.

Bear in mind that the determination of incapacity for work is final, unless the secretary of state has evidence that is sufficient to change it. The determination is not appealable as such, but any benefit decison that embodies that decison is appealable.

The first decison likely to follow from a determination that a person is capable of work is the decison whether or not to award national insurance credits. That decision must be appealed as soon as possible after it is issued because all other benefit decisons will depend on it (seeCIB/2338/2000)