incapacity benefit for children advice please

KRIS

hi, i am in receipt of incapacity benefit and dla at the higher rate. (mobility)i have just received a letter from jobcentre plus stating they have suspended my incapacity benefit increase for my 2 children, due to the earnings of my spouse (£17000 pa), and would like to see her accounts for every year since 30.11.1996. i feel i have done something wrong, please can you advise what i should do, i have always filled in the forms honestly, and i am at my wits end.

cattie

Is this income support you're talking about? Only incapacity benefit rates are paid for adults only & don't have a child allowance element as far as I know.

If you've always filled in forms properly then you have nothing to fear & just comply with the DWP's wishes to see accounts.

If they suspected you of any kind of fraud at this point they would be asking you to attend an interview under caution, not asking you to supply information such as accounts.

If you're really concerned then try to make an appointment to see an experienced welfare rights advisor who can perhaps investigate just what is wrong with your claim.

KRIS

no this is for incapacity benefit, on the form it asks if you have children, and to give the details. this i have done, i am going to see a welfare rights advisor next week

NASA_2

You dont get an increase of Incap for Children. Tax Credits would be paying for them.

stazi

Sorry ESA, but an increase of IB for kids can still be in payment for those getting it before April 2003 and still meeting the conditions -it's called 'Transitional Protection'. Child Tax Credit is a separate issue.
Earnings of a spouse/partner affect the increase for the kids on a sliding scale- the more that is earned affects kid 1, then kid 2 etc

NASA_2

stazi wrote: »

Sorry ESA, but an increase of IB for kids can still be in payment for those getting it before April 2003 and still meeting the conditions -it's called 'Transitional Protection'. Child Tax Credit is a separate issue.
Earnings of a spouse/partner affect the increase for the kids on a sliding scale- the more that is earned affects kid 1, then kid 2 etc

So your saying that Incapacity Benefit do pay for children?

sunnyone

I know that on IVB you could claim for dependant children, I did in 1992.

sunnyone

bigbill

The cut of point for the first child is about £185 weekly earnings for your partner then you would lose for the second child if they had another £25 more than this.

Don't want to panic you but you have trouble ahead if you have had child additions and the earnings stated?

Lets hope Welfare Rights can help?

KRIS

welfare rights advised i comply with request for accounts back to 1996, and take it from there, i feel by doing this, and they find my spouses earnings have been above the threshold on some occasions, i am putting the noose around my own neck.

anguk

ESA wrote: »

So your saying that Incapacity Benefit do pay for children?

Yes my OH has been in receipt of incapacity benefit since 1995 and he gets a spouse element and child element in with it. We don't get any tax credits.

Increases for dependent children were abolished on 6 April 2003 and have been replaced with CTC which is a means tested benefit.
However, transitional protection is given to those who were receiving an increase for a dependent child before 6 April 2003. Entitlement to the child dependant increase will continue if a person was entitled to such an increase on 5 April 2003 (or s/he claimed an increase after 6 April 2003 and her/his entitlement is backdated to include the day 5 April 2003).

http://www.lawcentreni.org/EoR/incapacity_benefit.htm

bigbill

anguk wrote: »

Yes my OH has been in receipt of incapacity benefit since 1995 and he gets a spouse element and child element in with it. We don't get any tax credits.

Why don't you have child tax credits?