Income Support / Incapacity benefit

fryster2006

Hi all,

I have been working for the past 10 years but have been off sick recently and have handed in my notice.The period of notice is covered by a sick note the doctor gave me today. I have been signed off sick due to the problems below.
I am giving up work to help my wife care for our 6 year old boy with downs, our 8 month old son and our impending daughter who has been diagnosed with a major heart defect.

From what I can work out, we will be better off claiming income support rather than incapacity benefit due to the associated benefits that go with it. However I am unclear as to whether I would have to claim incapacity benefit as I have been signed off sick at work. What stance would the DWP take?

I also need some advice on what money i'm entitled to from work. I work for McDonalds as a salaried manager, as i've handed in my notice i'm only entitled to SSP. I have a final salary pension which I have been paying into for 6 years, what happens to that? Also, I am entitled to 6 weeks holiday per year ( begining January each year ), would I receive any extra final salary from that?

Sorry for the long winded post! Thanks!

suelees1

You don't get a choice as if you're entitled to IB (you have sufficient NICs) then this is what you'll be paid. Your ssp will stop as soon as your notice is up and you should be submitting a claim for IB. Your IB won't be enough to live on so you need to claim IS well.

If your son gets DLA I'm assuming your wife is claiming Carers Allowance and if not she (or you) should be.

Whilst on IS, you should be entitled to full Housing Benefit if living in rented accommodation. Also full Council Tax Benefit.

If you have a mortgage then this is paid by Income Support. If it was taken out after 2nd October 1995 then you won't get any help for 39 weeks. The 39 weeks start from the start of your ssp. However if either of you get carers allowance then you only have an 8 week wait. They'll then pay 50% of the interest for the next 18 weeks then 100% thereafter.

You should be paid any holiday pay you're entitled to. This is in the terms of your contract

As for your occupational pension I'm no expert but assume it will be frozen until pension age.

A possible DLA claim also for your 'impending' daughter (does this mean she's been diagnosed in utero ?). If this is awarded then you should both be claiming Carers Allowance, one of you for each child. If you're on IB then it won't be paid but you'll have what is known as underlying entitlement. It means you get carers premiums in your means tested benefits calculations.

It's a big change and to make sure you're getting all your entitled to then I'd suggest you seek out a welfare rights advisor in your area.

fryster2006

Thanks suelees1.

My wife is claiming carers allowance, our impending daughter has been diagnosed in utero (a high risk of downs showed up again, this came back clear and a follow up appointment diagnosed the heart condition). I am planning on claiming carers allowance once she receives DLA from 3 months old, works out a few £'s better off.

If we receive some income support to top our money, will we be entitled to free milk / school meals? Bit confused as to the eligibility of free school meals / free milk or fruit as our income will be over the threshold, but we will be receiving some income support.

suelees1

Even just 10p Income support is a 'passport' to health benefits/school meals/HB and CTB etc. You'll have a top up as your IB will be less than your 'applicable amount' (the amount the law says you need to live on). In your current circumstances it will be made up of the couples personal allowance currently 92.80 plus carers premium of 27.15. When you first claim your IB and with your wife's Carers Allowance the total will be less than this so you'll get IS to top it up. Remeber your IB increases after 6 months then again after 12 so you might lose some or all of your IS then but it will depend on your circumstances at the time.

You will continue to get child tax credits for the children.

It's sad news about your daughter but I really hope everything goes well.

Sue