They've stopped the Incapacity Benefit but...............

julie777

.............why have they also stopped the Income Support as it is obvious our income is now EVEN lower that it was before????::(

Oldernotwiser

On what grounds are you claiming IS?

MrsManda

If your IB has stopped does this mean you are eligible to work?
I don't think you can get IS if you are entitled to JSA or ESA but I'd have thought that you should have a letter to tell you why your IS has stopped.
Have you contacted the DWP to ask about it?

julie777

Thank you both for replying.
I thought IS was for low income.
The letter (following failed IB Tribunal appeal) says "you have to be available for work". That was to my
husband who is working 2 afternoons earning £36.
He cannot work much more than that due to CFS/ME.
I wouldn't have thought JSA would be appropriate.
Will try for ESA but how do they expect us to live while we are waiting?
I am disabled, on DLA.
I could try to get through on the phone to them but you know how hard that is!
Meanwhile if anyone has similar experience they might be able to advise whether they were correct to stop IS.
Thanks again to all who are kind enough to post an answer. XX

MrsManda

This may be useful to you:
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708

Who can get Income Support

It's for people who all the following apply to:

• are between age 16 and the age they can get Pension Credit
• have a low income
• work less than 16 hours a week
• aren't in full-time study (but there are some exceptions)
• don't get Jobseeker's Allowance or Employment and Support Allowance
• don't have savings above £16,000
• live in Great Britain

Families and Income Support

You can claim Income Support for yourself and your partner.
Jobcentre Plus will treat you as a couple if you live with:

• your husband, wife or civil partner
• someone as if they were your husband, wife or civil partner

Jobcentre Plus call this other person your partner.
Income Support is no longer paid for children if you're making a new claim. To get money for children, you must now claim Child Tax Credit instead.
Only one person in a family can claim Income Support at any one time. There are several types of premiums (extra amounts) you may get based on your and your partner's circumstances.

cit_k

julie777 wrote: »

.............why have they also stopped the Income Support as it is obvious our income is now EVEN lower that it was before????::(

From your next posts it seems you had appealed the IB decision?

If you were claiming reduced rate income support (ie income support minus 20 percent) due to appealing, then that would end when the tribunal decision was made.

You need to decide what your next steps are now.

A welfare rights advisor or CAB etc would be best at this point, but as I see it your options are

Claim JSA.
or
If you disagree with the tribunal, ask for a written statement of reasons, and see if they made an error of law - if they did you may be able to ask for another appeal.
or
if you have been waiting ages for the appeal to be heard (6 months I believe is the limit for this) you may be able to claim ESA now.

I seriously recommend you speak to a professional about your options at this point if possible.

julie777

cit_k wrote: »

From your next posts it seems you had appealed the IB decision?

If you were claiming reduced rate income support (ie income support minus 20 percent) due to appealing, then that would end when the tribunal decision was made.

You need to decide what your next steps are now.

A welfare rights advisor or CAB etc would be best at this point, but as I see it your options are

Claim JSA.
or
If you disagree with the tribunal, ask for a written statement of reasons, and see if they made an error of law - if they did you may be able to ask for another appeal.
or
if you have been waiting ages for the appeal to be heard (6 months I believe is the limit for this) you may be able to claim ESA now.

I seriously recommend you speak to a professional about your options at this point if possible.

Yes we have written for a statement but don't hold much hope. I am trying to get ESA sorted out but my husband's miles away at the hospital for much of the day. The online application doesn't work with Vista (or Google Chrome) so will have to wait till he is available to ring them.

Thanks for your advice. I just feel life has got so complicated! Good job I'm on antidepressants already! lol.

cit_k

julie777 wrote: »

Yes we have written for a statement but don't hold much hope. I am trying to get ESA sorted out but my husband's miles away at the hospital for much of the day. The online application doesn't work with Vista (or Google Chrome) so will have to wait till he is available to ring them.

Thanks for your advice. I just feel life has got so complicated! Good job I'm on antidepressants already! lol.

You will (almost certainly find) that they will not be able to cope with a phone application for ESA either, as you have the IB claim on their system.

I have been in the same position as you, and when I tried to claim ESA over the phone, that is what they told me, they could not proceed due to having the IB details on the system.

I had to fill in the form the old fashioned way, in person with a pen.

Ring them up (or pop into a jobcentre to just pick up one) and ask them to send you a ESA claim form.

Its important you get an ESA (or JSA) claim sorted as soon as possible, as if you do decide that the tribunal erred in law, and wish for it to continue, they will not pay income support on the basis that you are appealing, until the tribunal accepts an error of law was made and grants you a fresh appeal.

In my case, the housing benefit also stopped, and we almost got evicted (we were about 5 days from going to court before it was sorted).

So, ask for or collect an ESA form and get it filled in as quickly as possible.

If you doctor will back you up (ie will provide you with a backdated sicknote) then you can have your ESA claim backdated for 3 months, so its worth looking into that aspect.

As we had no been paid for that 3 months, we got to keep the money, but Im not sure if they will deduct any previous IS payments from any backdated ESA, its worth trying anyway, but you do need a backdated sicknote if you want to backdate the claim.

Dont forget to inform housing benefit etc that you are appealing or claiming ESA (or both) etc, so you dont get landed with an overpayment of hb etc (if you have not already done so)

dmg24

As your husband is already working some hours, is it not possible that the Tribunal were correct, and he is fit for some work?

Arg

dmg24 wrote: »

As your husband is already working some hours, is it not possible that the Tribunal were correct, and he is fit for some work?

That's not a very helpful comment is it?

dmg24

Arg wrote: »

That's not a very helpful comment is it?

It is a constructive suggestion. It is very easy to get stuck in the benefits trap, so this could be seen as an opportunity to move forward. After all, I doubt the OP's husband wants to stay on benefits indefinitely. He may cope better than he expects, but the only way to establish that is to try.

Did you have a more helpful suggestion?