Incapacity Benefit paid for being Pregnant.

Balamory

Firstly may I apologise as this might get complicated.

I gave up work in October 2003 to look after my child. I have not worked since. I had a new baby in March 2005.

Looking through the Maternity Book from the Government I saw I was entitled to Incapacity Benefit as I had paid some National Insurance in the last 3 years. I would be entitled to 6 weeks before she was born and 2 weeks after.

My daughter was due 17th April but came 5 weeks early. I had to go into hospital 2 weeks before she was born due to illness. I sent in a sick note for this time.

My local Social Security office are saying I am only entitled to 8 weeks money before she was born and not any after as she was born early. They say the guidelines say up to 8 weeks money.

I cannot find any information to confirm if they are right or not. Please can anyone help?

Thanks

telly-addict

Try this link to the Maternity Alliance - they have a helpline for exactly this type of query.


http://www.maternityalliance.org.uk/

I know that the rules get quite tricky when your baby is born early. Good luck!

Curry_Queen

I would assume if the illness was pregnancy related then you wouldn't be able to claim anything after the birth anyway.

Did you leave work due to illness or just on maternity leave? ... AFAIK incapacity benefit is only payable for people who cannot work due to illness and not becuase they are pregnant, but maybe you have found a loophole where you can benefit from it

telly-addict

I had to make a claim for Maternity Allowance (as opposed to Statutory Maternity Pay) when I was pregnant and I do have a recollection that incapacity benefit is paid to pregnant women, albeit under certain specific circumstances, possibly if you are unwell during pregancy (and you have made the necessary NI contributions)?

Ted_Hutchinson

As Pregnancy isn't regarded as an illness by the DWP on the whole people don't get any at all. However you are deemed Incapacitated
If you are pregnant and have recently had a baby AND
you would not be entitled to either maternity allowance or SMP were you to make a claim AND
you are within the period begining the 6th week before and ending the 14th day after.

So it looks like they are right to only allow you the 8 weeks at lower rate.
Edit: the above comes from CPAG Welfare Benefits Handbook

Balamory

Thank you all for your help. I will contact the Maternity Alliance.

MrPayless

I could ask a question on this too as it affects a relative of mine.

She is on incapacity benefit due to pregnancy and also getting maternity allowance, is there anything she should or can claim whilst on incapicity? I dont want her to lose out on anything she is entitled to.
Thanks

nickinoo

MrPayless wrote:

I could ask a question on this too as it affects a relative of mine.

She is on incapacity benefit due to pregnancy and also getting maternity allowance, is there anything she should or can claim whilst on incapicity? I dont want her to lose out on anything she is entitled to.
Thanks

She may also qualify for the Surestart maternity allowance which is around £500 depending on income.