Incapacity Trap

dave_williams_2

Does anyone have any idea if you can challenge the decision to put someone who is quite obviously disabled on to Incapacity Benefit with a Disability Premium instead of DLA. This costs MONEY because you have to pay a higher percentage of Council Tax and Rent.
Therefor, this benefit system costs the claimant money and as the benefit figure is the same they are worse off than if on DLA, PLEASE HELP SOMEONE.

valvalc

As far as I know you can be in reciept of DLA and Incapacity Benefit at the same time. If I'm wrong someone will be along who will be able to answer correctly.

mum2one

My mum had incapicity benefit and DLA at the same time, from what I recall incapicaty benefit is more than income support, her and my dad gotcouncil tax benefit basedon hispension and her income .

I could be wrong, but you could be worse off having the premium on top of incap benefit, as that could take it to a taxable figure, and therefore be classed as earnings.

stazi

There is NO Disability Premuim paid with Incapacity Benefit(IB), it's paid with Income Support(IS).
DLA at any level, can be paid at the same time as either IB and/or IS. DLA is paid due to a disability, whereas IB and/or IS is paid due to incapacity for work- there is a difference between incapacity and disability.
No one is 'put on' a benefit- a person claims the benefit(s) and they are either entitled to it or not.

Fran

Has the person been turned down for DLA? They have a month to appeal from the date of the decision and should get help from Citizens Advice or other local disability benefits people in their area.

Chrysalis

stazi IB long term rate adds a disability premium to housing/council tax benefit calculations, without it a greater part of the incapacity benefity would be deemed as excess income for housing benefit and result in lower payments. short term lower rate and short term higher rate IB dont add the disability premium. DLA adds the same disability premium.

I have my own question tho. If someone is already on IB long term rate and as such already got the disability premium for means tested benefits, if they then get DLA is the benefit counted as excess income and as such results in a reduction in means tested benefits such as housing benefit.

healy

There is not a Disability premium with IB for HB and CTB.

stazi

DLA is disregarded as 'income' for lncome Support (IS). The income rules for HB and CTB are the same as IS.
The following legislation refers-
HB- Schedule 5 para 6 of the HB Regs
CTB-Schedule 4 para 7 of the CTB Regs

campins

Well I have applied for DLA and been turned down three times but I walk with a stick and have to stop after about one hundred yards!

Morglin

I get DLA and IB - it's not an either/or situation.

DLA will be awarded (or not) based just on the needs of the claimant.

If you get DLA, then the "applicable amount" which determines the amount of HB/CT you may be entitled to will go up with the premiums added if you are disabled.

Lin

Chrysalis

stazi ok thanks.

In regards to IB here is the information.

http://www.dwp.gov.uk/advisers/rr2/working/05.asp

Qualifying benefits

You will get the disability premium if you or your partner get any of the following benefits:
Disability Living Allowance
or Disabled Person’s Tax Credit
or Attendance Allowance
or Constant Attendance Allowance
or payment through the Invalid Vehicle Scheme
or war pensioners’ mobility supplement
or Severe Disablement Allowance
or Incapacity Benefit – long term rate or short term higher rate paid at the long term rate.

I knew this because when I moved from sort term IB to long term IB I was very worried I would lose HB entitlement as a result of increased income but it stayed roughly the same due to the disability premium which increased the amount you need to live on calculation.

DLA high rate seems to give Enhanced Disability Premium a higher premium.