Hi all,
I'm looking to check something out.
If someone in reciept of income support wishes to take a temporary absence from the UK (in my case a 4 week holiday to Australia to see family members before a pacemaker operation later in the year) then there is provision in Reg 4 of the IS(General)Regs to allow IS to be paid for the first four weeks of any temporary absence.
One of the criteria is that on the day the absence begins she had satisfied the provisions of paragraph 7 of Sch 1B of the IS Gen Regs (persons incapable of work) for a continuous period of 364 days or 196 days if terminally ill or recieving HRC of DLA.
The above schedule refers to the SSCAB Act, ss 171D and 171E, which further refer to IW Regs 1995. However, my client is in receipt of SDA, which I cannot find any reference to. I'm assuming that commonsense would dictate that she would be treated as incapable of work for the purposes of para 7 of Sch 1B by being in receipt of SDA, but I would need the legislative references to back me up, as the local office have already told her that if she were to go on the 4 week holiday, she would lose her IS.
Any help would be great,
Lee
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