IB stopped due to NI mistake

Katye_2

I have been on IB since 1991, its recently come to light since 1987 I have been attached to somebody else with the same NI number!

I contacted the HMRC who have found the mistake, and very kindly told me that my original NI had been found, but the Ni contributions that my IB was based on, was actually based on the other person who I shared my NI with!.. and within an hour was told over the phone you have just lost your IB ( after 17 years!).

I am on DLA high rate care and mobility, live with a partner and not entitiled to IS..

I had to complete a form as some of my employment details and contributions have gone missing within the HMRC system, this could make or break the decision to reinstate my IB.

I got a call to say some of my work record has been retrieved and added accordingly to my original NI account, I have to wait now to get this reassessed, I also have to point out at no point have I heard from IB via letter that my benefit was will be stopped and why, not even giving me an opportunity to respond via letter.

Can anyone tell me who would this mistake lie with, I have contacted my MP, who put me on to my CAB.. and was basically told " thats it ,!..no contributions no IB" ! I can't accept this at all. HMRC say its the DWP due to official misdirection, and the DWP say its an HMRC mistake.

Since 1996 I was also given IS via the severe disability premium, would that pay my class1/2 stamp, and if after the reassessment now they have updated records & its rejected, can I reapply for IB again, my health issues are so bad, I will never work again for sure.

I feel so angry that this has happened, this has only been brought to light as the " other person" recently claimed benefit, and of course thats how we both were put under the spotlight.. what about any credits for my pension?..( if I get there )!!.. and where do I go from here ?

also who would I contact to make a real hoo harr about how the system has failed me dramatically and left me without any money at all, my DLA goes to my carer in the week, and my partners money just covers food, mortgage and council tax.

any advice urgently needed.

Kate.

dmg24

If you check your previous posts, you asked about this last month.

Katye_2

I may have done, but things have changed since the HMRC said they had found some NI contributions last week, I am merely asking for advice what to do if the resassement dosn't fall in my favour.

Oldernotwiser

Are you saying that you should have been entitled for IB all this time (because you had made the correct contributions) or not? The 2 situations are completely different. If you weren't actually eligible and you aren't being asked to repay, have you really lost anything?

stazi

Correcting NI records rests with the HMRC, JCP/DWP only use NI records to decide the benefits they administer.

JCP will now have to recalculate your IB entitlement once both NI records for you and this other person have been corrected.

If you are now no longer entitled to IB because of your NI record going back to the tax years relating to the start of you claim, then IB will no longer be payable. You would not be required to repay any overpayment. If your IB does stop, please remember that this is money that you would not have got in the first place if your NI records had been correct at the start of your claim. Your IB claim would continue as a 'credits only' claim.

If you remain entilted to IB, payments would continue to be made.

JCP will have to look again at the IB decision and revise it. You would have the right of appeal against this new decision, but unless you can prove that you would be entitled to IB with your NI record for the relevant tax years, you would not suceed with an appeal.

An appeal hearing will only look at your NI records at the time of your claim- they will not look at the point that you have had IB in error since 1991.

There would be no point in you trying to get IB now by making a new IB claim as the tax years used would be the ones where you had been awarded IB credits. These will not help you get IB now. The IB credits awarded to you since the start of your IB claim from 1991, will however stand and go towards your State Pension at 60/65.

Katye_2

many thanks- questions answered.

bestpud

I'd say you've done pretty well out of this tbh!!

Goodness only knows why you feel the system has failed you...

SuziQ

I suppose they could argue that if you were placed back in the position you WOULD have been had the mistake not occured,you would in fact be worse off.
It is annoying when mistakes occur but they do occur.

Katye_2

bestpud wrote: »

I'd say you've done pretty well out of this tbh!!

Goodness only knows why you feel the system has failed you...

done well out of it.. I'm guseeing you mean financially ? I am housebound, & have an incurable illness, If you think I wanted to be in this position you are sadly mistaken. I would have rather been working fulltime, than relying on people coming to turn me over in bed, and help me to the toilet.

and I hope that you never find yourself in the same position.

My stress levels are at an all time high as my heating is on even in the summer, so the winter will probably kill me as I won't be able to afford to pay my bills.. so yes " I've done very well out of this"

bestpud

Katye wrote: »

done well out of it.. I'm guseeing you mean financially ? I am housebound, & have an incurable illness, If you think I wanted to be in this position you are sadly mistaken. I would have rather been working fulltime, than relying on people coming to turn me over in bed, and help me to the toilet.

and I hope that you never find yourself in the same position.

My stress levels are at an all time high as my heating is on even in the summer, so the winter will probably kill me as I won't be able to afford to pay my bills.. so yes " I've done very well out of this"

You know as well as I do that I meant because you have had this benefit without being entitled to it!! You'd still have had your disability but would have been worse off without this extra income all these years, plus you do not have to pay it back (rightly so of course!)

So please leave out the melodramatics!

SuziQ

Katye I don't think for one moment that bestpud meant it that way-I certainly didn't. However it now seems you weren't entitled to this benefit all those years ago. I don't know what you would have done in your difficult circumstances without it-I can't imagine,but due to an error you were paid it.Is your partner caiming everything that he is entitled to? How about attendance ,carers allowance etc? I don't know about these benfits,maybe one of the experts on here could advise you how to plug the hole if you post your partners income and more information.