New partner will affect my benefits how?

Kaida

Fran wrote: »

Were you working while at Uni? If not then you would not be entitled to Incapacity Benefit because it is a contribution based benefit. You would then be claiming Income Support for reason of sickness/incapacity.

Yes you should have been getting sick notes. Ask your doctor if they can backdate to the relevant date.

I wasn't working while at uni, but under the youth rules as I was disabled before I was 20 and in training/education whilst under 25 I am entitled to IB under the youth rules. Your thinking is how they were thinking originally, which is why they were giving me IS not IB, but I have since been told by DWP that under youth rules I do qualify.

Fran

Kaida wrote: »

I wasn't working while at uni, but under the youth rules as I was disabled before I was 20 and in training/education whilst under 25 I am entitled to IB under the youth rules. Your thinking is how they were thinking originally, which is why they were giving me IS not IB, but I have since been told by DWP that under youth rules I do qualify.

Unless there has been a recent change, under the youth rules you would still not be entitled to Incapacity Benefit as it is contribution based, but you would still have had to apply and be refused before they would consider giving you Income Support under the youth/IB rule.

IB rules have not changed, see Jobcentreplus website

"You may be able to get Incapacity Benefit if you:
are over 16 and under State Pension age
have made enough National Insurance contributions, and
are not able to work."

Kaida

stazi wrote: »

An appeal hearing can do 1 of 3 things- up your points, down your points or leave them the same. 'Upping' your points does not guarantee that you'll win the appeal- they may only up them a few- but maybe not enough towards the 10/15 points needed.

The PCA was really done badly, on working out the points myself I was due well over the threshold, but the lies the Dr put on the form meant I didn't get the majority of those. I have gotten my evidence together to prove I should have got those points now, and await the tribunal.

Kaida

Fran wrote: »

Unless there has been a recent change, under the youth rules you would still not be entitled to Incapacity Benefit as it is contribution based, but you would still have had to apply and be refused before they would consider giving you Income Support under the youth/IB rule.

IB rules have not changed, see Jobcentreplus website

"You may be able to get Incapacity Benefit if you:
are over 16 and under State Pension age
have made enough National Insurance contributions, and
are not able to work."

Youth Rules: (from http://www.disabilityalliance.org/f24.htm)

"2.4.1 Youth IB if you are under age 20
You must satisfy all the following:

• be aged under 20
• have been continuously incapable of work for 196 days. These days must have begun before your 20th birthday.
• be present and resident in Great Britain

2.4.2 Youth IB if you are under age 25

The under 20 age limit can be extended to under 25's if all of the following apply:

• you began a course of education or training at least 3 months before your 20th birthday.
• you finished your course no earlier than the start of the last two complete tax years before the year in which you claim. For example, if you made a claim in June 2008 the last two complete tax years are 6 April 2006 to 5 April 2007 and 6 April 2005 to 5 April 2006. In this case your course must finish after 5 April 2005.
• your course is full-time education of any level from secondary school to postgraduate, or part-time if you cannot attend full-time because of your disability. It can also be a government training course; or a non-government occupational skills or vocational course of at least 16 hours a week (this includes courses such as life skills designed for disabled trainees)
• you must make your claim before your 25th birthday or immediately after the end of 196 days of continuous incapacity that began before their 25th birthday.

The course has not ended if your studies are interrupted temporarily by illness or domestic emergency. You cannot claim for any gap after one course has ended if you intend to go straight on to attend a further course."

dmg24

Kaida,

You have obviously researched the IB rules, and your above quote from the Disability Alliance is correct. Some people forget that the JCP website is only a very general guide, and as a consequence then give bad advice.

Good luck with the appeal x

Fran

Kaida,

No wonder they were confused! The first reference I have found to contributions not being necessary on these websites is here. They make the rules so difficult to understand no wonder you were told one thing and then another.

Good luck with it all anyway.

bestpud

I'm kind of baffled by the IB rules too, but I would highly recommend you tell them you are now in a relationship.

Not doing so may be less hassle now but you can be sure it will be a lot more hassle if it brings you a prosecution and/or a massive overpayment/fine later on!

Zara33

Not 100% sure but can you not get working tax as your disabled and under 25 might be worth having a quick look on the inland revenue website.

Mips

Are you allowed to sublet when Housing Benefit are paying your rent... and you are renting rooms to people?!

Tell me to crawl back down my hole if I am wrong?

dmg24

Dippychick wrote: »

Are you allowed to sublet when Housing Benefit are paying your rent... and you are renting rooms to people?!

Tell me to crawl back down my hole if I am wrong?

Yes, the calculation would take into account that the claimant had a lodger. The deduction made would depend on how the relationship was formalised i.e. a sublet or both having a tenancy (there are others - just can't think of them!).