Long term IB to state pension

Graye

I'm wondering if anyone might know the definitive answer to this as I have been told all sorts of different things by the Pension Service and JobCentrePlus today.

Basically I have been on long term IB and claiming a supplement for my dependant husband (he's 62 and has no income although he would certainly be entitled to IB himself). I was 60 last week and qualify for my state pension from 5 July 2010. ON phoning these people this morning I was initially told my claim for a dependent would be "protected" and I was given figures which mean a slight rise in income after 5 July. I was then phoned back to be told that although the dependent claim has been in place for some time I will not qualify after July as I was not 60 at 5 April 2010. Effectively our income will FALL by £58 per week. I've checked the Pension Credit situation and we will not qualify because of various pensions and investments.

Does anyone know whether what I have been told is correct as I suspect they are not quite sure themselves?

Thanks

anmarj

adult dependancy did stop from 06/04/2010, due to the rise in woman ages, so they are right, all applications for ADI had to be in before 5/4/2010, from what I can undertand adi were not protected in the change over.

Graye

I can see from various sites that there is no NEW entitlement after April 2010 to ADI but from looking at sites dealing with the position pre April 2010 it seems the ADI was protected in the transition from IB to State pension. It just seems strange to me that suddenly the protection has disappeared with no interim provisions. Unfortunately I don't seem to be able to find anything on any of the official sites which tells me definitely one way or the other.

seven-day-weekend

If your total income as a couple is under £198 you will probably be entitled to Pension Credit to make it up to this amount. The Pension Credit part (not State Pension) is means-tested.

anmarj

i will have a look at work tomorrow

anmarj

got a sp person to look and it is not quite clear, but they are going to speak to a specalist to see how they understand it, but it looks like that IB does not have transitional protection on it, so therefore you cannot get ADI, what it stated is that some people would lose out but depending on their age, they would be expected to claim other benefits that they could be entitled to. the only people that would still continue untill the entitlement ends is those already receiving it on SP.

Graye

Thanks for checking for me, I do appreciate it. I can't see what other benefits we might be able to claim though - we don't qualify for Tax Credits.

It does occur to me that I already have made a legitimate claim for ADI via my IB claim and had it accepted some time ago but I just can't see where it says I can (or can't) expect that to be taken into account.

I suppose the bottom line is that I can eventually appeal and see what happens?

anmarj

under the "old rules" you would of had to apply for the ADI for your husband, it would not of carried it over automatically this is why they are stating you cannot apply for it. the wife claiming for the husband was a rare occurance and the rules were a lot stricter than the man applying for it (not sure why). I have only seen 1 case and that was sometime last year and I have been there nearly 8 years, as I had to go and ask my team leader who had done SP, about it!