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20.17.3 Summary and consequences for investigation of entitlement to incap.

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Weekly payments are made on the basis of actual incapacity for employment, not just for the fact that the client is unemployed. Unemployment can occur for a wide range of reasons other than incapacity. Unemployed clients who are capable of employment but who choose not to work (or who are merely unlucky enough not to secure employment), may be 'deemed' to have a capacity to earn with resultant effect on their entitlement.

The matter of calculation of entitlement and the effect of 'deeming' is dealt with in more detail at chapter 32 of the Handbook. However in almost all cases, deeming under Subsections 19(4)(b), (c) and (e), would leave no entitlement.

Therefore for the present purposes, a delegate examining any claim for a new period of incapacity needs to be mindful of whether the client has previously been 'deemed AE' under Ss19(4)(b),(c) or (e). If this is indeed the case, the client would have to demonstrate that this alleged 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'.

In the absence of specific medical evidence to that effect, the client should be regarded as unemployed rather than incapacitated, and with no entitlement to further/additional weekly payments.