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8.19 Application of deemed AE to a new period of incapacity
If a person has previously been deemed with AE and is now claiming a new period of incapacity the person must demonstrate that this new period of incapacity represents a deterioration of his/her condition, i.e. to below the level of capacity current at the time of the last 'deeming' and should reference the duties and employment that were considered suitable and why they are no longer so.
In the absence of specific medical evidence to that effect, the client should be regarded as unemployed rather than incapacitated, and the deeming would continue to apply.