I'm so bloody confused!

mumoftwins

I just don't know what to do for the best here guys .

My money is going to drop severely next month, so a few weeks back I rang to see how I stand with regard to Income Support (due to start in November) whilst talking to the guy at DWP he said I could claim Incapacity Benefit due to mental health and back problems and that IB would start straight away.

A couple of weeks ago I got a letter from Housing Benefits telling me that my HB payment is suspended as I am in receipt of IB. Well, I'm not - yet.

Rang DWP yesterday who said that I am entitled to IB from about 4 weeks ago and that I should continue with claim. When I mentioned IS she said that as twins will 12 this Sunday that I won't be entitled to IS as I should be looking for work and therefore to claim JSA.

Went to Jobcentre this morning who said if I claim IB then I won't get Free School Meals (which I do at the moment) and a few other bits, however, if I claim IS then this is my 'passport' to other entitlements.

Whilst I would love to go back to work my GP thinks otherwise at the moment so he thinks I should continue with claim for IS.

However, if this is all I receive along with tax credits and CB then I am up the creek without a paddle!

What should I do please? Would I qualify for IB and IS? If so, any rough ideas of what I may get please?

Its such a minefield and I just don't know what to do for the best

glossgal

I think the advice you've been given has been oversimplified to be honest or maybe you've got a bit confused lol (no offence). In a nutshell you can only be on Income Support for 4 basic reasons:

1) Looking for work ie JSA
2) Because you care for a disabled person
3) As a single parent of children under 12
4) As a sick person who doesn't qualify for Incpacity Benefit because you've not paid any stamps. If you do get Incpacity Benefit the you won't get Income Support on top unless you're on Carers Allowance or DLAre; extra premiums.

I think your'e saying you were on it for reason number 3? If so you need another reason to carry on getting it which seems to be number 4? Bear in mind though that in the near future only very ill people will be able to get sickness benefit for any length of time, especially for mental health reasons. Your Housing/Council Tax Benefit may need to be claimed again but if your income doesn't really change then these benfits wont either.

HTH

mumoftwins

Thanks glossgal,

Info may have been oversimplified but the way my mind works its more likely me! I just cannot grasp too much information at once and have to make notes on everything.

I find it hard as each dept wants the same info but responds at different lengths of time, and I am just worried that if IB and/or IS take too long then I could have major problems as HB has been suspended whilst all this is taking place

Oh, and my money is dropping by over 50% which is why I am so worried.

Borgie

Hi Mum of Twins long time no speak.

I'm a bit confused as I didn't think you had been working in which case would you be entitled to IB?

Who is eligible?

You may be able to claim Incapacity Benefit if any of the following apply to you:

• your Statutory Sick Pay has ended, or you cannot get it
• you are self employed or unemployed
• you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you are incapable of work
• you were under State Pension age when you became sick

You must also have been:

• paying National Insurance Contributions
• unable to work due to sickness or disability for at least four days in a row (including weekends and public holidays)
• unable to work for two or more days out of seven consecutive days
• getting special medical treatment

[FONT=Verdana, Arial, Helvetica, sans-serif]ENTITLEMENT[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]For incapacity benefit (IB) you must actually have paid in the relevant tax year (see below):[/FONT]

• [FONT=Verdana, Arial, Helvetica, sans-serif]Class 1 contributions on earnings of 25 times the lower earnings limit for that tax year; or[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]25 Class 2 contributions; or[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]a mixture of Class 1 and Class 2 contributions, totalling 25 times the lower earnings limit for that year; or[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]before 6/4/75, 26 flat-rate Class 1 or Class 2 contributions.[/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif]Each Class 2 contribution counts as a contribution on earnings of the weekly amount of the lower earnings limit for that tax year - i.e. £87 for 2007/08.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Unless one of the exceptions below applies to you, you must satisfy the first condition in one of the last 3 complete tax years before the start of the benefit year in which you make your claim or in which your period of incapacity for work began.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]The more restrictive 'last 3 years' condition was introduced on 6 April 2001. Before then, the first contribution condition for IB was satisfied by contributions paid in any tax year. There are exceptions for some people whose circumstances may have prevented them from working or paying enough contributions in the last 3 years.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]EXCEPTIONS[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]You can satisfy the first condition with contributions paid in any complete tax year if you are in any of the following groups.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Carers[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]You were entitled to carer's allowance (previously invalid care allowance - ICA) (or would have been getting it were it not overlapped by another benefit) for at least a week in the last complete tax year before the benefit year in which your period of incapacity for work begins. For example, for an IB claim made in the 2005 benefit year, if you were getting ICA at any time between 6/4/05 and 5/4/06, you can pass the first condition based on contributions paid in any tax year.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Low-paid disabled workers[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]You were working, qualified for the disability element within the working tax credit (WTC) calculation, and were getting some tax credits (over and above the basic family element within child tax credit), or were getting the previous disabled person's tax credit. You have to have been getting these for more than 2 years immediately before the first day of incapacity for which you are claiming. This helps you claim IB when your earnings were below the limit for NI contributions. Note that if you were working for less than 2 years, the WTC disability element 2-year linking rule may allow you to go straight back on to your pre-work IB at the same rate without needing to pass any contribution conditions.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Previous IB claimants[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]You were getting IB for at least one day in the last complete tax year before the benefit year in which you again become entitled to IB. For example, if you claim IB in the benefit year 2005, the first condition is satisfied by contributions paid in any year if you were getting IB at any time between 6/4/05 and 5/4/06; or
your current period of incapacity for work began before 6/4/01. The previous 'any year' rule continues to apply to new claims if your periods of incapacity are linked. For example, if you re-claim no more than 8 weeks after the end of your previous claim the 2 periods are linked.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]In prison or detention but conviction or offence quashed[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]You are entitled to a credit for a period in prison or detention or would be if you applied, for at least one week in any tax year before the benefit year in which you claim.[/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]Lower earnings limits[/FONT]

• [FONT=Verdana, Arial, Helvetica, sans-serif]1999/00 - £66[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2000/01 - £67[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2001/02 - £72[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2002/03 - £75[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2003/04 - £77[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2004/05 - £79[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2005/06 - £82[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2006/07 - £84[/FONT]
• [FONT=Verdana, Arial, Helvetica, sans-serif]2007/08 - £87[/FONT]

So if you hadn't paid any stamps then option 4 would apply re your Income Support


1) Looking for work ie JSA
2) Because you care for a disabled person
3) As a single parent of children under 12
4) As a sick person who doesn't qualify for Incpacity Benefit because you've not paid any stamps. If you do get Incpacity Benefit the you won't get Income Support on top unless you're on Carers Allowance or DLAre; extra premiums.


Ween't you going to claim DLA as if that were successful you may be able to get some IS on top of the IB if you are entitled to IB.

Complicated !

x

mumoftwins

Hi Borgie and thanks!

Yes, it is all so complicated - my mind just can't take it in well enough to understand it all.

The twins are 11, I was employed into this last tax year (not the current one) but only for 2 months - DWP know all this and have said that I will be entitled to IB. When I went to Jobcentre they told me as that twins are 12 on Sunday that I wouldn't qualify for IS but for JSA although by claiming IB I am not 'available for work' so IS may kick in - confused?? I am

Also, if I were to get IS and not IB then I wouldn't get free school meals for the twins - I get this at the moment and my income is higher than what its going to be next month when the maintenance stops, so not only will I be worse off but will have to pay for their school lunches .

Can you make any sense of this and what should I do?

sharski

hi...

Basically, if you are making a new claim for I.S. PURELY as a LP in November & your youngest child is 12, you will no longer be eligible to get IS as a LP.

However, if you feel that you are too ill to work, you will need to put a claim in for IB/IS (IB - only before end of October). That will meam that if you have not paid enough NI contribution for the 2 previous tax years, you will still be 'entitled' to IB but it will only pay your NI credits & IS will pay you instead... if you have paid enough NI, then IB will pay you & you will , as previously said, not be elibigle for IS.

Another however... if you are claiming in November, ESA (Employment Support Allowance) will replace IB... and I must tell you.. the medical is MUCH STRICTER... with a prediction that approx. 50% of people will fail the medical & be found fit for work...

Sharksi..