Am I entitled to Incapacity in Youth?

krato

I'm confused with all the forms I'm filling in and what I'm entitled to or not, I do have a support worker who's helping me but she's difficult to get hold of so just wondering if anyone on this forum could please help me =]

I was sent an IB50 incapacity for work form a couple of weeks ago which I've sent off with a med4 from my GP last thursday. Today I recieved an IB(Y)22 form saying my qualifying period for incapacity is from 14/5/08 to 25/11/08 and i might be able to get incapacity from 26/11/08. I wasn't sure whether this was anything to do with sending off my IB50. Everywhere I read it doesn't make clear whether you:

A) have to have been in education 3 months before your 20 AND been ill for 196 days
or
B)you have to have been in education 3 months before 20 OR been ill for 196 days.

I was last in education when I was 18-19 I'm now 21 but I have been ill for 196 days.. does this mean I can't recieve it?

Thanks

Krato

stazi

As you are over age 20 to qualify for IBY you need-

1) To have been incapable for 196 days and
2) To have been on a course of education or training for at least 3 months before you reached your 20th birthday.

If you meet the conditions, IBY would be payable from your 197th day (28 weeks)

krato

Thanks for your reply Stazi, I couldn't find the info anywhere! I heard ESA is coming out in a few days.. so making an appointment with my support worker for friday, got too many questions to ask her!

Krato

mcc28_x

krato wrote: »

Thanks for your reply Stazi, I couldn't find the info anywhere! I heard ESA is coming out in a few days.. so making an appointment with my support worker for friday, got too many questions to ask her!

Krato

Hi,

ESA starts from 27/10/08. Not sure how this effects IB(Y) but it may be a good idea to claim before Monday.

Mark

krato

Thanks! I've filled the form in sending it off tomorrow, does that mean they may accept it as IB and not somehow transfer me to ESA? it seems like its compulsary to have a medical on ESA =[

stazi

Medicals are required for IB, IBY and ESA. If you are claming from a date BEFORE 27/10/08, then the claim will be for IBY. The time limit for claiming IB or IBY is 3 months.

krato

Well from what you've told me I probably won't be entitled to IBY, or IB, so there doesn't seem any point filling in this form, however the form says "We need you to fill in this claim form so that we can be sure your circumstances have not changed. Please fill in all of the form, even if you have answered some of these questions already" which I don't understand as I'm sure I dont get IBY already? So does that mean I'm on IBY but I don't get paid for it because I'm not entitled? I'm confused haven't managed to get appointment with my WRO though

stazi

As you have said, your 28th week is not until 25/11/08, so you are not on IBY yet, you are just getting IS. The IBY 22 has been sent to you to see if you could get IBY from 26/11/08.

If IBY is payable from 26/11/08, then your IS would reduce/stop. If IBY is not payable, you'll continue on IS so long as you remain entitled.