Incapacity Benefit advice please

angus1

I am 40 years old and have been working in my present job for the last 4 years. I have been signed off sick for the last 5 weeks due to depression, stress/anxiety. I can no longer cope with my work and the doctor says I need time to get better without worrying about work then in the future I can think about getting a job.

My employer is paying me full pay until the end of October and then I will receive SSP. As I do not want to go back to work there, my question is can I hand in my notice and claim Incapacity Benefit or do I have to wait until they get rid of me? I just want to not be worrying about my work any more and having it hanging over me.

I've never been out of work before so this is all completely new to me and I would be really grateful for any advice. I have a partner who works full time, earning about £18,000 a year and we have 2 dependant children. We have a mortgage and all the usual outgoings.

Thanks

MrsKelly_2

My husband was practically forced out of work last July because he was off sick so often because he has 2 disabilities they told him either come in everyday or you have to leave so he had to leave because he could not cope with it, he was entitled to Incapacity Benefit but they would not pay him until September even though he left in July as they said SSP is apparently paid in advance so even though he only got paid less than half a months wage in July they said we were not entitled to a penny until September 3 months later.

stazi

You can choose to resign from your employment at any time and claim either IB or the new ESA (from 27/10/08).

However, I would suggest you contact an advice centre such as the CAB, to consider/discuss all your options.

angus1

Thank you both for the advice. I am a bit confused as was given different advice by 2 people on the phone - one saying I could claim Incapacity benefit right away even if I handed in my notice and the other saying I'd have 2 wait 2 months before I received anything because I'd handed my notice in. It's all a huge minefield and is really hard to understand and cope with when you feel like this. Thanks.

Oldernotwiser

I don't mean to be negative, but don't forget that claiming isn't the same thing as receiving. Many people who claim IB aren't able to get it so do allow for this possibility before you make definite plans. Could you not use your time on SSP to recover, go back to work and then look for another job? Leaving employment hoping to be able to be awarded IB is a bit of a leap into the unknown.

mouseymousey99

I'd say always better to wait and get pushed rather than jump. You are in a much better postion while you are still employed. As you have the time why not have half an hour with a solicitor and say what they say first......Trust me life on benefits is no joke.
Best wishes

healy

angus1 wrote: »

Thank you both for the advice. I am a bit confused as was given different advice by 2 people on the phone - one saying I could claim Incapacity benefit right away even if I handed in my notice and the other saying I'd have 2 wait 2 months before I received anything because I'd handed my notice in. It's all a huge minefield and is really hard to understand and cope with when you feel like this. Thanks.

You would not have to wait 2 months to claim IB because you handed your notice in. That advice was incorrect.