Incapacity benefit stopped...months ago!!!

salneedshelp

Can someone please help me. I have been receiving the Income Support level of Incapacity Benefit for two years due to mental illness. In february 2009 my partner came to live with me, got a job of 17 hours which pays £88 pw and working tax credit of £71 pw.

I wrote and told them all the changes......but now they are writing to tell me that I was not entitled to income support from February and that I have to pay it all back. What I don't understand is this.......I was on Incapacity/Income support.....and I am still ill......so how can they stop this?

My housing benefit and council tax has also been stopped.

Can someone help me.....please?

sal

welshmoneylover

I don't think you will be entitled to income support when you have a wage going into the household.

salneedshelp

Thank you WML. I was on the Incapacity Benefit version of Income Support.....do you think that makes a difference?

Well done on the 11 lbs....woooohoooooo!

mealone

salneedshelp wrote: »

Thank you WML. I was on the Incapacity Benefit version of Income Support.....do you think that makes a difference?

Well done on the 11 lbs....woooohoooooo!

You didnt have enough NI conts for IB so you were on IS on the grounds of incapacty which dosnt exist now, though you would have stayed on it if you didnt have a working partner.

At your partners wage as the only household income you should get full HB/LHA and ctb.

Breast_Cancer_Survivor

salneedshelp wrote: »

Thank you WML. I was on the Incapacity Benefit version of Income Support.....do you think that makes a difference?

You will still get your IB as it is not means tested.

IS is means tested as is HB & CTB which means you will lose the automatic entitlement that IS gives you.

You are supposed to tell the DWP of any changes to your circumstances including having a partner move in if you did I would query why they have taken so long to act.

You might still be able to claim some HB/CTB if your partner is on a low wage & you have children.

Have a look at the web site entitled to which will let you know if you are able to claim any other help.

http://www.entitledto.co.uk/

salneedshelp

thank you so much for taking the time to answer....much obliged!

I hope I have this straight:

My incapacity is gone for good even though I was on it for two years and I get nothing despite still being unable to work....yes?

And my partner will have to claim housing and council tax as he is on a low wage and working tax credit.

salneedshelp

Bessie_Braddock wrote: »

Couple Rate Personal Allowance - £94.95
Disability Premium - £36.85
APPLICABLE AMOUNT = £131.80

less wages
(of which the 1st £20 is ignored) - £68.00
less working tax credit - £71.00

Over the Income Support limit by £7.20 p.w.

Sorry, looks like DWP are right on this one. Did you tell them about the change in February ? How did you do that (phone call, letter etc ?)

You can challenge the overpayment on the grounds that you told them at the time and that it's not your fault it happened, it's theirs. And you should hopefully still qualify for help with rent, council tax etc. Did your partner notify tax credits about the change too ?

Yep....I wrote to all of them when I requested permission for my partner to come live here in Jan and then again in May....and heard nothing from anyone, not income support or any of the other offices. They only informed me of this in June.

NASA_2

salneedshelp wrote: »

Yep....I wrote to all of them when I requested permission for my partner to come live here in Jan and then again in May....and heard nothing from anyone, not income support or any of the other offices. They only informed me of this in June.

So the overpayment is £7.20 per week....and that is the amount I have to pay back? Phew! That would be good news....better than the whole lot.

No, the overpayment is everything you have been paid in IS since the change took place, can you prove that they letter was sent?

salneedshelp

NASA wrote: »

No, the overpayment is everything you have been paid in IS since the change took place, can you prove that they letter was sent?

Thank you so much for helping with this. No..I can't prove that I sent the letters and I guess that means that I have to pay it back.

salneedshelp

thank you for that....you are right....they must have gotten one of my letters at least and that was sent in May and the good thing is this....I included the first letter I sent to them from January in it. So technically they have received both letters.

Thank you so much Bessie....I will get on to it straight away. You are an :A :T

NASA_2

The GL24 isnt essential - it can be written on a piece of paper so long as it includes the words 'I wish to appeal'.