Incapacity Help/Advice

palegreenstars

I am seeking advice and help on behalf of my husband.

Background: I am American, husband is British. From 2005-2007 my husband lived in the states with me. He worked full time 40 hours a week during those times. We moved back to the U.K. in 2007, as my husbands health was getting worse and in Feb. 2008 he applied for Incapacity Benefit. He was initially denied because the health assessment doctor claimed he only had 2 points. After a long road of complaints and tribunals, we ended up going to the highest tribunal. The judge awarded him with 15 points and stated on the letter that he was entitled to incapacity benefit and listed the previous year (2008) as to when entitlement started.

The DWP has to this day, not sent us a single letter about this ruling. I have called them monthly since 2009. For awhile I was told the case was being looked into. At one point last year they told me that my husband wouldn't be paid because I am on working tax credit (I am self-employed). I do not make a profit though and our income is well below the 16,000 line with no savings whatsoever. They told me to fill in a form and send it to them. After I did that, they said my husband couldn't be paid because he didn't have any contributions the year before he claimed. I have read and sent off to them that the U.K. and the U.S. have a Social Security Agreement, which states that the social security he paid in the states can be used in the U.K. to count as contributions. In April, they told me no such agreement exists and that they burned all information I have sent to them the previous years. I contacted our MP in May about this. Last month, I was told a Lord Freud (DWP spokesperson I believe) stated that there was no such agreement between the U.K. and U.S. I have read the agreement on the DWP's own website, HMRC and the U.S.'s social security website.

Does anyone have any input/advice/help on this matter? I also just read the other day about there being an income related incapacity benefit? If that's so then I don't understand why they didn't put my husband on that to begin with.

welshmoneylover

palegreenstars wrote: »

I am seeking advice and help on behalf of my husband.

Background: I am American, husband is British. From 2005-2007 my husband lived in the states with me. He worked full time 40 hours a week during those times. We moved back to the U.K. in 2007, as my husbands health was getting worse and in Feb. 2008 he applied for Incapacity Benefit. He was initially denied because the health assessment doctor claimed he only had 2 points. After a long road of complaints and tribunals, we ended up going to the highest tribunal. The judge awarded him with 15 points and stated on the letter that he was entitled to incapacity benefit and listed the previous year (2008) as to when entitlement started.

The DWP has to this day, not sent us a single letter about this ruling. I have called them monthly since 2009. For awhile I was told the case was being looked into. At one point last year they told me that my husband wouldn't be paid because I am on working tax credit (I am self-employed). I do not make a profit though and our income is well below the 16,000 line with no savings whatsoever. They told me to fill in a form and send it to them. After I did that, they said my husband couldn't be paid because he didn't have any contributions the year before he claimed. I have read and sent off to them that the U.K. and the U.S. have a Social Security Agreement, which states that the social security he paid in the states can be used in the U.K. to count as contributions. In April, they told me no such agreement exists and that they burned all information I have sent to them the previous years. I contacted our MP in May about this. Last month, I was told a Lord Freud (DWP spokesperson I believe) stated that there was no such agreement between the U.K. and U.S. I have read the agreement on the DWP's own website, HMRC and the U.S.'s social security website.

Does anyone have any input/advice/help on this matter? I also just read the other day about there being an income related incapacity benefit? If that's so then I don't understand why they didn't put my husband on that to begin with.

Did he return to the UK specifically to claim benefits?

palegreenstars

No, we definately did not. We moved because both my husband and I were abused in the US. He has never claimed benefits before and worked his whole life.

sunnyone

palegreenstars wrote: »

I am seeking advice and help on behalf of my husband.

Background: I am American, husband is British. From 2005-2007 my husband lived in the states with me. He worked full time 40 hours a week during those times. We moved back to the U.K. in 2007, as my husbands health was getting worse and in Feb. 2008 he applied for Incapacity Benefit. He was initially denied because the health assessment doctor claimed he only had 2 points. After a long road of complaints and tribunals, we ended up going to the highest tribunal. The judge awarded him with 15 points and stated on the letter that he was entitled to incapacity benefit and listed the previous year (2008) as to when entitlement started.

The DWP has to this day, not sent us a single letter about this ruling. I have called them monthly since 2009. For awhile I was told the case was being looked into. At one point last year they told me that my husband wouldn't be paid because I am on working tax credit (I am self-employed). I do not make a profit though and our income is well below the 16,000 line with no savings whatsoever. They told me to fill in a form and send it to them. After I did that, they said my husband couldn't be paid because he didn't have any contributions the year before he claimed. I have read and sent off to them that the U.K. and the U.S. have a Social Security Agreement, which states that the social security he paid in the states can be used in the U.K. to count as contributions. In April, they told me no such agreement exists and that they burned all information I have sent to them the previous years. I contacted our MP in May about this. Last month, I was told a Lord Freud (DWP spokesperson I believe) stated that there was no such agreement between the U.K. and U.S. I have read the agreement on the DWP's own website, HMRC and the U.S.'s social security website.

Does anyone have any input/advice/help on this matter? I also just read the other day about there being an income related incapacity benefit? If that's so then I don't understand why they didn't put my husband on that to begin with.

you are telling lies in either this post or post three, you cant have it both ways.

palegreenstars

No, I am not telling any lies whatsoever. I am honest and I expect honest responses. I understand that there is hostility towards people who claim benefits. I understood that by posting on here that I would get people like that responding. What I don't appreciate is someone telling me that I am a liar. I see that you have highlighted "We moved back to the U.K. in 2007, as my husbands health was getting worse". That does not mean I have lied in any way. It is true that we moved because my husband and I were in a situation in which health was at a risk. The obvious step is to eliminate such risk. We did by moving. If you feel we supposedly did it for benefits, then it doesn't make sense that someone would wait so long to apply if that was the case.

nannytone_2

i've never known US/UK benefits to be interchangable.
I watched a programme on TV about British couples that lived and worked in the US. Once their businessess were no longer making a profit, their leave to remain was removed.
so not only could they get no benefits......they also couldnt stay in the country!

doesnt sound like an agreement to me.

clemmatis

There is indeed a Social Security Reciprocal Agreement between the US and the UK. I don't know whether your husband meets its conditions. I suggest you try to get advice from a welfare lawyer.

I know you've researched this, these links may help other posters here

http://www.ssa.gov/international/Agreement_Pamphlets/uk.html

http://www.ssa.gov/international/Agreement_Texts/uk.html

http://www.hmrc.gov.uk/nic/work/ss-agree.htm

palegreenstars

Thank you nannytone! It sounds to me like those people must have entered on a work visa only. If that was the case than, sadly, they would have to leave the country. I've heard of that happening here as well, with students especially. But those who were self-employed, as part of the Social Security Agreement, should have the social security they paid in the states count towards their pension and if need be any benefits here and vice versa. I think thats the problem that I'm running into. No one seems to know about this agreement.

palegreenstars

Thank you clemmatis! Yes, those are some of the sites that I have read through. I appreciate you posting them! My husband does meet the conditions and thats what is making me feel so frustrated.

clemmatis

palegreenstars wrote: »

I think thats the problem that I'm running into. No one seems to know about this agreement.

The DWP should know

http://www.dwp.gov.uk/international/insurance-and-contributions/working-in-another-country/social-security-agreement/

but I do think you need specialist advice

palegreenstars

I would have thought so too, but when our MP consulted them, they said there wasn't one. I even printed another copy out of the entire agreement for the MP to show that there is an agreement. I just can't believe that they would say one doesn't exist when it is on there own website!