Incapacity benefit rules.......

DaveTh

My wife had her IB withdrawn last year.
Earlier this year she won her appeal and it was re-instated.
She has now recieved the IB claiments form (sorry can't recall the form number) gain. From past experience we do not have any confidence in the system.

I have two questions, firstly, can they start this review process again so soon after her winning her appeal?

Secondly, can they withdraw her benefit in the future since she won her appeal?

Many thanks

Dave Th

healy

Yes thay can start the review process again so soon after winning an appeal. Yes thay can withdraw her benefit in the future, her winning the appeal will have no bearing on this review, it will be decided on the new IB50 and any medical she may have to attend.

DaveTh

OK, thanks for that.

triffidfood

Sorry to 'hijack' someone elses topic, but the board isn't letting me post new topics () & this question is related...

I won an appeal this morning over a PCA/ Incapacity Benefit stop, so am now entitled to Incap Benefit again.

I am currently claiming JSA & was told by the tribunal that it would take 4-5 weeks for their decision to feed through & for us to receive backdated IB payment, etc.

Does this mean we'll go 4/5 weeks without any money, or should I continue signing on until my Incap Benefit comes through, or .... what?

We have no money, recently had a social find loan (so can't apply for that again) but absolutely can't go a month without any income.

It's such a relief I won my appeal & I'm very happy about that, but I'm confused as to what to do now........

stazi

It may take a few weeks for the papers to return to the IB section at your JCP Benefit Centre. You could speed up the process by sending the IB section a photocopy of the appeal decision that you were given today.
I would advise you to continue to claim JSA as normal until the IB section can agree an end date with the JSA section for your JSA claim.
I would not mention this appeal win when you next sign on.

piglet29

hi, in reply to DaveTh, my husband has been unable to work for the last ten long years, due to his depression, two years ago after a medical for incapacity benefit, the doctor decided he was fit to work!!! and social took away his incapacity benefit, we appealed and lost, and lived for almost 6 weeks on £44 ctc., we went to citizen advise about the matter and finally after having an appointment with the socials disability employment officer, who basically told him he was not well enough to carry out any type of work he was put back onto incapacity benenfit, (at the short term rate mind as it was a new claim, he had prviously had long term rate).But the worst part was seeing what this done to my husband, his depression worsened to the point i was scared on a daily basis for a number of weeks, im surprised i did not land up on antidepressants by the time it was all sorted!! After a few months of paying off a few debts that had run up while we had almost no money coming in were getting back to normal (well normal as life is for us anyhow!!)anyway to cut to the chase, the CAB advised that everytime we get the IB50 back to work questionaire to go and have someone at the bureau to fill it in, it takes a while so you may have to make an appointment, but this is the second time we did it that way and so far so good, they havent stopped our money since!! so would advise if your not sure if you can do the form alone go to CAB they are brilliant and will help you get it sorted. gooduick!!