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Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009

No, he or she would not have to reapply. To supplement the answer I gave to the noble Lord, Lord Oakeshott, there will be a right of appeal and internal review in respect of someone who might be disappointed by a judgment. Members will be able to make applications as soon as the regulations come into force, which we hope will be by the end of the month. We are already in touch with potential applicants so that we can process their applications speedily. Members will need to make a written application to formally start the process. As regards incapacity benefits, these regulations simply put people in receipt of FAS benefits in the same position as PPF members or members of pension schemes where they are taken into account to an extent as income when looking at receipt of incapacity benefits. In conclusion, I was remiss not to state earlier that in my view these regulations are compatible with the European Convention on Human Rights.