how to find historic dss rules and get copies of dss info?

kuepper

Icequeen99 wrote: »

Well the 28 weeks is irrelevant now as you have confirmed two important pieces of information - you were in IVB (which is invalidity benefit) and you were transferred to IBLT (long term incapacity benefit).

The 28 weeks, as far as I was concerned was relevant, only if you had been on sickness benefit or transferred to short term IB.

Section 663 ITEPA 2003 - which governs the tax position - doesn't have any reference to 28 weeks.

But like i said, even if they have taxed it wrong, what you can do about it this far down the line is a problem.

Can you contact one of the specific tax charities - Tax Help for Older People, TaxAid or LITRG to get some advice on their view and also the potential remedy?

IQ

Thanks for your patience in all this, I find the legalese of the law and hmrc pretty daunting so sorry if I seem to have kept asking similar questions repeatedly. I think i'll write to DWP asserting what I now believe to be the case and see what happens. Surely if they were negligent in misinforming HMRC I have some redress if I've paid around £10000+ too much in tax through no fault of my own. Probably phone the AgeUK tax Help and those others you mention first for their observations. Thanks again

xylophone

Was 'Sickness Benefit' different to SSP ?

http://www.ifs.org.uk/wps/wp1112.pdf page 4

kuepper

NYM wrote: »

Forgive me for asking what might be a very stupid question....


Was 'Sickness Benefit' different to SSP ?
I know one is payable by the Employer (SSP) but was 'Sickness Benefit' payable by the State ?

Not stupid at all by my standards. Yes it seems there was a state benefit called Sickness Benefit at the same time as there was one called Invalidity Benefit.Don't know what the difference was though.

xylophone

Not stupid at all by my standards. Yes it seems there was a state benefit called Sickness Benefit at the same time as there was one called Invalidity Benefit.Don't know what the difference was though.

Link in post 23

kuepper

xylophone wrote: »

Link in post 23

Thanks for that

Robbie64

kuepper wrote: »

Not stupid at all by my standards. Yes it seems there was a state benefit called Sickness Benefit at the same time as there was one called Invalidity Benefit.Don't know what the difference was though.

Sickness Benefit was paid for the first six months of illness and then after that Invalidity Benefit became payable. SSP could be paid in place of Sickness Benefit for the first six months.

Invalidity Benefit was paid at a higher amount than Sickness Benefit / SSP as it included a pension (Invalidity Pension) to increase sickness benefit up to the same amount of money that a pensioner received.

Icequeen99

Robbie64 wrote: »

Sickness Benefit was paid for the first six months of illness and then after that Invalidity Benefit became payable. SSP could be paid in place of Sickness Benefit for the first six months.

Invalidity Benefit was paid at a higher amount than Sickness Benefit / SSP as it included a pension (Invalidity Pension) to increase sickness benefit up to the same amount of money that a pensioner received.

That's interesting, i couldn't find that detail about sickness benefit. But that makes sense as to why the transition regulations moved SB people to IB short term rates and invalidity benefit people to IBLT rates.

However, the tax legislation (Section 663) ITEPA 2003 makes it very clear that long term IB is not taxable if you transitioned from IVB and it was for the same period of incapacity so I can't understand why DWP are mentioning the 28 weeks if the OP was definitely transitioned from IVB to IB. By definition that means he must have done enough weeks, otherwise how would he have got IVB.

IQ

Morglin

Invalidity benefit changed to Incapacity benefit, and " sickness benefit" is just a generic term.

IVB was tax free, it's replacement, IB, was not.


The revenue usually deduct any IB tax due, via the personal allowance, so as. They would have had details from the DWP, it's usually right.


Lin

Icequeen99

Morglin wrote: »

Invalidity benefit changed to Incapacity benefit, and " sickness benefit" is just a generic term.

IVB was tax free, it's replacement, IB, was not.


The revenue usually deduct any IB tax due, via the personal allowance, so as. They would have had details from the DWP, it's usually right.


Lin

No, sickness benefit was a separate benefit to invalidity benefit. It isn't a generic term.

And IB is not always taxable, one exception being those transferred from the old invalidity benefit.

IQ

kuepper

Morglin wrote: »

Invalidity benefit changed to Incapacity benefit, and " sickness benefit" is just a generic term.

IVB was tax free, it's replacement, IB, was not.


The revenue usually deduct any IB tax due, via the personal allowance, so as. They would have had details from the DWP, it's usually right.


Lin

Not true re 'sickness benefit' nor the tax issue as you'll discover if you read through the thread from the start and esp the hmrc and legal links. DWP 'usually' right? Under normal circumstances you'd hope so, but as my case was at the very time of the transition from Invalidity Benefit and Sickness Benefit to a unified but 3 tiered Incapacity Benefit and the introduction of the work test and the upheaval all that would have caused I doubt if much time, care or attention was given to the minutae of the particular circumstances of every case