Incapacity Benefit with Private Pension. Is DLA better?

mrcol1000

I wonder if someone be able me. 6 years ago my dad went from being fit and healthy to being seveley disabled. He is 58 now. He can barely speak. Has no feeling in one side of his body. Has a memory worse than a goldfish and in a wheelchair. He also lives in a care home. My mother had him put on Incapacity Benefit and he also has a private pension which paid out early due to his disability. he gets approx £470 a month. He gets Incapacity Benefit at the full rate and has no other income .He pays approx £575 a month care home fees and there is very little for expenses. My mother is no longer here so I took over running his affairs and recieved a letter saying his pension was not declared and they want the detials. I have checked online and I think he has been overpaid due to the 50% reduction if income over £85 a week. I just wondered if they are likely to ask for this back as its going to be a lot and he doesn't have the money to pay back. Also is Incapacity Benefit the right benefit as I understand its being changed. Would Disability Living Allowance be better or can this not be claimed due to living in a care home?
I hope someone can help as we were always brought up not to claim benefits so know nothing about them and my mother sorted it all out for him at first. I am sure she would have declared the pension as she was always straight as a dice. Thanks in advance for anyones help.

MrsManda

I don't know much about this but according to direct.gov.uk Care homes and benefits if he is self funding his care home fees he may be able to claim the care component of DLA depending on his care needs (from your description I'd expect him to be eligible).
It's worth speaking to the benefits enquiry line to discuss what he's eligible for. The number is 0800 88 22 00.

As DLA is not means tested I think you can claim it at the same time as IB - at least you get get DLA and ESA (which has now replaced IB) at the same time so I presume you can claim both IB and DLA. But again, speaking to the benefit enquiry line should claify matters.

Indie_Kid

MrsManda wrote: »

As DLA is not means tested I think you can claim it at the same time as IB - at least you get get DLA and ESA (which has now replaced IB) at the same time so I presume you can claim both IB and DLA. But again, speaking to the benefit enquiry line should claify matters.

Yes you can claim both at the same time. Claiming one doesn't affect the other.

zzzLazyDaisy

DLA is paid in addition to IB and is not means tested.

From what you say, he should be entitled to the care component and the mobility component of DLA. The payments can only be back-dated to the date that the form was requested, so the first thing to do is to phone DLA and ask them to send you the forms.

I also suggest that you get help to complete the forms from a welfare benefit adviser as it is not always obvious what information is needed on these forms.