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20.27.6 Date of Effect

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The date of effect of any cessation of benefits is the date of imprisonment as imposed by the Court.

Where a client has been imprisoned on remand and is subsequently convicted, cessation of incapacity payments should be backdated i.e. to the beginning of that sentence (which will now include – i.e. retrospectively – the period of remand) and there is therefore potential for an overpayment.

See 20.27.7 for more detail.