Incapacity Benefit/Income Support Youth Rules - Complex

tom9980

This is kind of complex and i dont seem to be able to find out the answer from CAB so opinions and advice is welcome.

Fell Ill in october 1997 aged 17yrs while at 6th form.

1998 advised to claim Incapacity Benefit denied due to lack of NI contributions. Instead claimed Income support.

April 2001 IB youth rules were brought in so the claimant was 20 years and 8 months old at this time.

So the question is should the claimant have recieved a letter and moved onto IB youth in 2001 or not? i cant figure it out but maybe someone can.

Thanks

healy

I am not sure on this but I think that the youth rules from 2001 would apply to new claims made from that date. Hopefully someone will confirm.

tom9980

stazi wrote: »

IBY was only introduced from April 2001, which was after you started claiming IB/IS. Depending on you DoB, you were aged 24/25/over 25 at April 2001. If you were over aged 25, you wouldn't qualify for IBY.

If you were under 25 at April 2001, ask JCP if they sent you a letter at the time about claiming IBY.

You cannot get both IBY and IS paid in full.

this is from a similar thread from last month and has led to my own query on this matter. It suggests i should have been sent a letter which i know i wasnt sent, but i cant find anything more solid than the opinion of stazi.

healy

Lets hope stazi sees this as they seem to know about it.

stazi

The easy answer would be to ask JCP what action , if any, was taken on your case when IBY was intoroduced from April 2001. Did JCP send you a letter? Should they have done?.

Normally when anything new occurs, or changes, mailshots are sent out to tell people. Did this happen?

You were under 20 when you first became ill in 1997, but as healy suggests maybe IBY may have only been for new claims meeting the conditions -ie under 20 at/from April 2001. Anyone over 20 at April 2001 when IBY was introduced maybe? could only qualify if they have/had been on a course of education/training for at least 3 months before age 20.