Incapacity benefit... Useless Rules!!!

HRC_2

I have recently made a claim for incapacity benefit. today I finally heard back from them, telling me that my claim has been declined as I have not paid enough NI contributions...
I was trying to claim as I have been unable to work since july because I have severe arthritis. When I gave up my job I was still only 17. A few weeks later I turned 18, the age to start paying NI contributions. I didn't get chance to pay, so they won't allow me to claim again until february.
The benefit helplines advice is to make a claim for either job seekers allowance or income support.
I cannot claim jobseekers as I cannot work, so I can't get a job as i'm not physically able also who is going to employ me?!
I have tried to claim income support already, but they tell me I can't claim that either as I still live at home with my Dad... But I can't live on my own, bacause I struggle with day to day activities and motability etc...
So could somebody please tell me what I can do. I do claim Disability Living Allowance, but that pays my rent, and as I'm sure you all know, money doesn't get very far at all.
I am disappointed in the governments schemes and benefit rules. they are unfair to all types of people.
I also find it unfair when asylum seekers etc get everything handed to them on a plate, when UK citizens are made to suffer under many conditions.

Ted_Hutchinson

For those unfamiliar with the rules Age 16 to 19
If you are aged 16 or over but under 20 you may be able to get
Incapacity Benefit if you have been sick or disabled for 28 weeks or
more in a row and you are not in full-time education. We use fulltime
education to mean a course of education which lasts for 21
hours or more in a week. When we calculate the number of hours
we do not count any time spent on education not suitable for people
of the same age and sex who do not suffer from a physical or mental
disability. If you are 19 we do not treat you as being in full-time
education even if you are.
We count days of incapacity before you reached age 16 towards the
28-week qualifying period. So, if you have been sick or disabled for
28 weeks before your 16th birthday you may be able to get
Incapacity Benefit straight away.
From IB1 from April 2005 A guide to Incapacity Benefit

Zziggi

HRC wrote:

I also find it unfair when asylum seekers etc get everything handed to them on a plate, when UK citizens are made to suffer under many conditions.

I realise it is off topic but really, c'mon, unsubstatiated, "daily Mail" type comments like that don't help the image of either you or asylum seekers.

Fran

You should be entitled to something, going on Ted's info you maybe haven't been unable to work for long enough to get Incapacity Benefit. You should be able to claim something in your own right though as you are over 18 regardless or not if you live with your father. The best thing would be to go to the local Citizens Advice Bureau or other benefits advisor in your area. They will be able to tell you definitely where you stand. Also they might ask about your father's situation to ascertain whether any amounts you got would affect any benefits that he might be receiving. Let us know if we can help any more.

MyUserNamesTaken

If you are unable to live on your own, you could well be entitled to DLA. Your parents may well then be entitled to CA.

hjb123

Hi,

I have every sympathy with you. I am currently on Incapacity Benefit as I have been unable to work since last December, coming upto a year now. And all the form filling and stuff that goes with being unable to work is awful and really gets to you!

I would go into the local Jobcentre Plus and see if anyone can give you further advice, see someone in person rather than over the phone - if you are able. Just keep going on at them until you get something!

Also if you are currently paying for your prescriptions etc make sure you get a HC2 certificate which you can get free prescriptions with - you can get the form from most doctors and dentist surgeries.

H

The_Nickster

HRC wrote:

I have recently made a claim for incapacity benefit. today I finally heard back from them, telling me that my claim has been declined as I have not paid enough NI contributions...

This happened to me. I was in full time work for over 20 years paying my NI contributions. I went into full time education (to get a degree that I eventually achieved) at the age of 43 and consequently did not pay any contributions for 3 years. My disability that I have had since an infant worsened making it impossible for me to work but because I had not paid any NI contributions for 3 years my claim for IB was turned down. My savings were too much and consequently not allowed Income Support. Only after my savings fell below £6000 (if memory serves) could I receive some IS with a disability supplement.

I subsequently discovered that because of my disability my NI could been credited to me because I was in full time education. Unfortunately I only discovered this after the time limit on appeals had expired.

I had always tried to be independent through working full time but I know feel the rules and complexity of claiming benefits have counted against me and the attitude of some taxpayers towards benefit claimants cruel, humiliating and insulting.

grilli

claim under youth rules, it wouldnt look at your NI conts if your under 19.

The_Nickster

grilli wrote:

claim under youth rules, it wouldnt look at your NI conts if your under 19.

So why did the benefit agency not tell him he had claimed under the wrong rules?

Perhaps because the benefit staff do not feel they are there to help genuine claimants but only to save 'the taxpayer' money.

najtaek

reading through the original letter i feel he has been advised to claim through youth rules. He states he can calim again in february. As IB(Y) is not paid for the first 196 days of illness this would be in february if he was sick since July. I also resent the remark that BA staff are only there to save taxpayers money. yes this is true we have to try to be aware of fraudulent claims but also try to help the genuine claims.
most BA staff are good honest people just trying to earn a wage to maintain home and family

faddy

"You will only get Incapacity Benefit under the rules for young people if you have been incapable of work for 28 weeks without a break."

- from the jobcentreplus website http://S N I P U R L.com/81i6 (remove spaces)

This is probably why they've told you to wait until February. However since you're over 18 I can see no reason why you shouldn't get Income Support, though they wouldn't include rent in that if you're paying it to a family member.

Disclaimer: I am not an expert. Get advice from a CAB or benefits/welfare advisor. Don't rely on information from the Jobcentre!!