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8.19 Application of deemed AE to a new period of incapacity

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Last amended 
26 June 2019

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.

There is no minimum level of evidence required to substantiate this (i.e. an initial GP medical certificate is acceptable). Essentially, delegates need to be satisfied based on the circumstances of each case.

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.