Incapacity Benefit, Contributions based or not?

siren13577

Hi there,

I've been ill for the three years since the birth of my son in 2003 with depression and suicidal tendencies, as my partner was in full time work I didn't claim incapacity benefit and also at one point he had two jobs. Anyway he lost his job last year through ill health and is currently claiming IB for himself and income support of £98 fortnightly for myself, himself and our son. I rang today to see how the claim was progressing only to be told that because I haven't worked in the last three years I get nothing due to lack of contributions, in this case what do I do? I'm not fit for work, having been signed off indefinately, how can a benefit designed to help you if you're sick be contribution based? Can anyone cast any light on the subject? Is it worth appealing? Thanks a lot

As I'm caring for my son I also get Home Responsibilities Protection, does this not have any bearing either?
I could really do with some advice

seven-day-weekend

If you have not got enough Insurance Contributions, you cannot get Incapacity Benefit, however you would be eligible for Income Support with a premium for sickness. But seeing as how your husband claims IS for you all, you probably are not entitled to any more as a family, as IS is means-tested.

Home Responsibilities Protection is nothing to do with this, it just reduces the amount of years you need to qualify for full State Pension.

shameless-about-money

You may be entitled to WTC - it is worth checking

saintjanet

I agree with seven day weekend on this,if you had paid your contributions you could have claimed ib regardless of what your partner did or did not earn.

shameless-about-money

The Class 3 non-employed voluntary contribution is very small, it would not be a problem to pay it.

suelees1

You need to seek specialist advice - try https://www.clsdirect.org.uk website (Community Legal Services). From there you can search for a specialist benefit advisor in your area. It's not worth appealing as you have no right to IB with insufficient NICs but you could do with someone having a look at your benefit situation.

Depending on how you are affected you might be entitled to Disability Living Allowance. If you do and are awarded the middle or high rate care component then your husband can also claim Carers Allowance for looking after you. As he's receiving Incapacity Benefit he wouldn't actuall be paid CA but have what is known as underlying entitlement which would increase your Income Support by the amount of the carers premium which is currently £26+ pw.

You are not entitled to working tax credit as someone suggested as you are not in work.

If it makes you feel better if you had been awarded IB then your income would obviously increase and you'd have lost a large amount of housing benefit (if you are in rented property) and council tax benefit as you should currently be receiving 100%.
Hope this is of help
Sue

siren13577

shameless-about-money wrote:

The Class 3 non-employed voluntary contribution is very small, it would not be a problem to pay it.

I have no idea what this and I cannot see what it has to do with my circumstances, I had no money to pay for this so sorry, it seems to be irrelevant, thanks for trying though.

I agree with seven day weekend on this,if you had paid your contributions you could have claimed ib regardless of what your partner did or did not earn.


Thanks for this input but again I have not worked and cannot seem to understand how this is supposed to help me in my current situation

Morglin

IB is paid to those who were working, but now, through ill health or disability can no longer do so. The contributions would have been paid when the person was working. As you haven't worked for a while, then IB will not be paid, and as others have posted your Income Support level is already being paid to the household.

You will get nowhere with appeal, as the law is that you must have paid in during the qualifying period.

If your husband is long term ill or disabled with certain care and/or mobility needs, then he could claim DLA.

If he was awarded either higher rate or middle rate care component of this, then you could claim Carer's Allowance, and generate more income.

This would not lessen your Income Support entitlement, as DLA is not counted as income, and that coupled with recieving CA would increase the premiums payable.

Or, you could claim DLA as this is not dependent on contributions.


http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011731


Lin

saintjanet

siren13577 wrote: »

I have no idea what this and I cannot see what it has to do with my circumstances, I had no money to pay for this so sorry, it seems to be irrelevant, thanks for trying though.

I agree with seven day weekend on this,if you had paid your contributions you could have claimed ib regardless of what your partner did or did not earn.


Thanks for this input but again I have not worked and cannot seem to understand how this is supposed to help me in my current situation

Sorry, what i meant was if you were working before your illness started,these contributions would have given you the right to make a claim then for IB and if it had been sucessful,your future stamps would now be paid too.

Sometimes this type of info is of use to others, who may be ill and have not bothered to try to claim IB yet, but should do so while their contributions are up to date.I was just trying to be helpful all round.

healy

shameless-about-money wrote: »

The Class 3 non-employed voluntary contribution is very small, it would not be a problem to pay it.

Class 3 contributions would not help because they do not count for Incapacity Benefit. In any case in order to qualify for IB someone needs to have paid contributions in employment in one of the relevant years.