Income Support confusion!

Girl_in_the_City

I started my IS claim (incapacity based) in the summer of 2009. I was a student with a student loan so only received a small amount a week to top up the loan, though I got the full amount in the summer, which a disabled premium.
After I finished Uni I moved into a new flat with my boyfriend. I let both the IS people and the HB people know I changed my address. I never did hear anything from IS and I had thought they would have contacted me but didn't worry too much about it and assumed everything would be ok.

After having loads of trouble finding suitable work, I finally went to the job centre and they sent me to a4e. They had to call IS to confirm I did get it for incapacity reasons, but when they asked me the security questions they still had the wrong address. They now have a correct address and on the phone asked how many hours my partner worked.

A few days later I got a letter saying my payments have been suspended and a form to fill out asking the hours and pay etc. The next day, before I had chance to post the form back, I got another letter saying I am no longer entitled because my partner works more than 24 hours a week.

I'm now confused about my entitlement to claim. Although he works full time he doesn't earn loads, and the claim was based on my incapacity, so how does it work?

I do want to call them but I want to know more first. I'm now literally living off my DLA which only just covers my rent.
(I've only just made a new claim for HB but they wont do anything until they know whats going on with the IS).

Hopefully I can get a job soon as a4e have been great, though I'm not sure I'm actually entitled to get help from them anymore if I don't get IS! :eek:

NASA_2

If you stated to them that your partner works 24 hours or more a week then they will have closed your claim correctly.

Your IB claim will continue as it is a contributory benefit and not means tested.

Were you aware that you were not entitled to benefit if you have a partner working more than 24 hours?

Girl_in_the_City

I never did receive IB, just IS and DLA.
No I wasn't aware of that, and even a search online this afternoon didn't bring that up either. Many thanks though for letting me know.

What would be best to do now then? I need some income whilst I look for a job, but not sure ESA is right as I'm not incapable of working. Do I try JSA?

Girl_in_the_City

Oh and on the phone to them whilst at a4e, they said as my partner worked my IS would likely be reduced, not stopped, and that was after confirming he worked for around 30 hours.

I'm not accusing you of being wrong I'm just confused as to why they wouldn't mention it before.

NASA_2

Did you make a claim to IB though? Even if no payments were received.

If you arent incapable of work then for what reason were you receiving IS?

healy

Girl_in_the_City wrote: »

I never did receive IB, just IS and DLA.
No I wasn't aware of that, and even a search online this afternoon didn't bring that up either. Many thanks though for letting me know.

What would be best to do now then? I need some income whilst I look for a job, but not sure ESA is right as I'm not incapable of working. Do I try JSA?

Unless you can claim contribution based JSA, you will not receive any income based JSA due to your boyfriends earnings. You would not receive IS either.

Girl_in_the_City

No, never made a claim to IB.
I'm not entirely incapable of work, it would just be difficult to find a job I can do with my disability. As I have found since leaving university!

I wouldn't be able to claim JSA based on national insurance, I've paid NI before as I went straight through education, no full time employment. Does that mean then that I can't get any help and just have to hope that I do find a job soon? Is it expected that my partner would look after me whilst I find a job? A bit unfair really as he's not left with all that much after we've paid the rent and bills.

nannytone_2

i wouldnt be suprised if they asked for I S to be repaid from the date that you moved in with your boyfriend.

why is it unfair that your boyfriend should support you?
is it more fair that the taxpayer should support you instead?

Oldernotwiser

If you're not incapable of work, you really shouldn't be claiming IS; your difficulties in finding work don't enter into it. I agree that you are likely to be asked to repay it from when you moved in with your boyfriend.

Girl_in_the_City

The IS claim was granted whilst I was still in University, therefore those who made the decision were happy that I fitted into the criteria. If that criteria changed when I left University, they didn't ask me for any new information so I assume I still fitted the criteria. I'm not really here to ask about whether or not I was eligible to claim that, I wanted to know if my partners hours really affected that.

The argument that if I am capable of some kind of work means I shouldn't have been able to claim anyway doesn't really make sense. If that's the case why does the jobcentre refer people with disabilities who want to go back to work to a4e?
a4e finds ways for people with disabilities to go back to work, and doesn't tell them they shouldn't be claiming if there is something they can do.
My disability means there are so many jobs I can't do, and like I said I fit the criteria for IS on an incapacity basis. The only issue was when they realised my partner worked as many hours.

I posted simply to find out if I was no longer eligible for IS, if anyone knew if I can claim JSA or something similar. I am not asking for judgement on what my disability means. I have been looking for work and now I'm getting the support from a4e I'm hopeful my search won't last much longer.

The fact that my partner works means I might not be able to claim JSA either confuses me, I know a few people who left univeristy and moved back home with their parents (who would obviously earn more) yet managed to claim JSA?

dmg24

You are no longer eligible for IS. You are not eligible for IB JSA though you can still sign on for NI credits. If a person lives with their parents they are assessed on their own income, not that of their parents. As they are adults their parents are not expected to support them.