Incapacity rule doesn't seem fair

wassup

My wife coming up for 60 and recently taken ill has been refused incapacity benifit because they say she has not paid enough national insurance in the past 2 years.

Since about 1999 she has worked but her weekly pay has been just below the threshhold for paying any tax or insurance. Prior to that she did pay tax and insurance since leaving school.

Can somebody explain how you can pay contributions when ur pay is low.

Does it also mean that if her pay had been just a little bit more and she paid the absolute minimum contribution then she would have qualified for benefit ?

Does it also mean that someone could not work for years and years and then take a job for 2 years and be entitled to everything going, whilst someone who paid for years but took a part time job for 2 years would then get nothing ?

Does this sound about right ?

Morglin

From:http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10016082

"You may be able to claim Incapacity Benefit if any of the following apply to you:

your Statutory Sick Pay has ended, or you can't get it
you are self employed or unemployed
you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you are incapable of work
you were under State Pension age when you became sick

You must also have been:

paying National Insurance Contributions
unable to work due to sickness or disability for at least four days in a row (including weekends and public holidays)
getting special medical treatment and unable to work for two or more days out of seven consecutive days

or you must:

be aged between 16 and 20 (or under 25 if you were in education or training at least three months immediately before turning 20), and
have been too ill to work because of sickness or disability for at least 28 weeks, and
have been too ill to work before you turned 20 (or 25 if you were in education or training at least three months immediately before turning 20)
If you've been living or working abroad
Living or working abroad can affect your Incapacity Benefit claim. But you may be able to claim if you've either:

paid enough UK National Insurance Contributions (NICs) in the past (and the equivalent in certain other countries - ask your local Jobcentre Plus office for details)
worked abroad for an employer based in the UK and paid NICs for the first 52 weeks of that employment
If you haven't paid enough National Insurance contributions
You may be able to claim Incapacity Benefit even if you haven't paid enough National Insurance contributions if the following apply:

you're aged under 20 (or 25 if you were in education or training at least three months immediately before turning 20)
you've been sick for 28 weeks
you're present and resident in Great Britain for 26 weeks in the year before you claim"

So, your wife isn't entitled to IB, as she didn't pay during the qualifying period, but here's a link to explian NI rules etc.,:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/DG_4015904


It may be that you can claim some means tested benefits though:

http://www.entitledto.co.uk/

Lin

TITEASCRAMP

Yes wassup i think that is just about the size of it. No it seems completely unfair to me too

cifpower

IB is a contributory based benefit - basically you have to pay to get it which is why it is worth more than Income Support. Seems fair to me.

seven-day-weekend

wassup wrote: »

My wife coming up for 60 and recently taken ill has been refused incapacity benifit because they say she has not paid enough national insurance in the past 2 years.

Since about 1999 she has worked but her weekly pay has been just below the threshhold for paying any tax or insurance. Prior to that she did pay tax and insurance since leaving school.

Can somebody explain how you can pay contributions when ur pay is low.You can pay voluntary contributions but AFAIK they don't qualify you for IB, only for State Pension.

Does it also mean that if her pay had been just a little bit more and she paid the absolute minimum contribution then she would have qualified for benefit ?Yes

Does it also mean that someone could not work for years and years and then take a job for 2 years and be entitled to everything going, whilst someone who paid for years but took a part time job for 2 years would then get nothing ?Two complete tax years, yes.

Does this sound about right ?

See my remarks in blue above.

TITEASCRAMP

cifpower wrote: »

IB is a contributory based benefit - basically you have to pay to get it which is why it is worth more than Income Support. Seems fair to me.

Yes but seems unfair that she loses out because she was on low income and if she had never worked would hav had a stamp put on. Thats all i meant.

cifpower

Oh I understand that seems unfair but the government has to draw a line somewhere and it can be awful if you fall on the wrong side of that.

TITEASCRAMP

your quite right they do have to draw the line. But unless you earn big bucks somehow you always come worse off. Sorry to rant but it drives me mad. When i go work dont earn loads and seem to be worse off that people on IS

seven-day-weekend

TITEASCRAMP wrote: »

Yes but seems unfair that she loses out because she was on low income and if she had never worked would hav had a stamp put on. Thats all i meant.

National Insurance Credits do not count towards IB, AFAIK, just State Pension.

You havewe to have PAID enough Class One contributions at the right time.

seven-day-weekend

http://www.adviceguide.org.uk/index/life/benefits/national_insurance_contributions_and_benefits.htm

This link may be helpful.

emilyt

Unfortunatately this does seem very unfair.
I worked as a carer looking after people in their own homes.I did this job for several years. My hours were different each week. Some weeks i paid full tax and insurance and others i didn't as through no fault of my own i hadn't been able to work enough hours. Often if people ended up in hospital or had gone away i would lose the money that 2 hour slot that i was suposed to be looking after them. IYSWIM.
Anyway when i ended up being signed off work due to back problems and later diagnosed with fibromyalgia i wasn't entitled to IB.
The system failed me personally. I do understand that a line has to be drawn somewhere.