Lost IB appeal/DLA question

moped_mark

Hi

My dad has just lost his appeal for Incapacity benefit and is going to try appealing against the appeal! During the time of his appeal he has been receiving low rate income support. Now that he has lost the appeal, will he still receive income support?

Also, He is getting DLA (care component) low rate. With this a 'no non-dependent deduction' is made, so I dont have to pay rent or council tax to our council. Now that he's going to lose the Housing Benefit and Council Tax Benefit, will I still be covered under the DLA's no non-dependant deduction??

Oldernotwiser

moped_mark wrote: »

Hi

My dad has just lost his appeal for Incapacity benefit and is going to try appealing against the appeal! During the time of his appeal he has been receiving low rate income support. Now that he has lost the appeal, will he still receive income support?

Also, He is getting DLA (care component) low rate. With this a 'no non-dependent deduction' is made, so I dont have to pay rent or council tax to our council. Now that he's going to lose the Housing Benefit and Council Tax Benefit, will I still be covered under the DLA's no non-dependant deduction??

Why is he losing his HB and CTC?

stazi

You can only appeal to a Social Security Commisioner (SSC) against an appeal hearing's decision on a point of law - ie the appeal hearing did something contrary to the law. He would need to say what law/regulation the appeal hearing broke.
I think you also need permission from appeal hearing chairman to appeal to the SSC.

His reduced rate of IS will stop as he lost his appeal, and he is advised to claim JSA as appeals to SSC normally take many months even years.