Answer for Weymuffred.

weymuffred

2 of them looked/discussed it and one though I did whilst the other didnt.

weymuffred

stazi wrote: »

The tax years used for an IB claim from 7 JAN 07 to 6 JAN 08, are 04/05 and 05/06.
The tax years that will be used for an IB claim on or after 7 JAN 08 will be 05/06 and 06/07.
I understand that the 04/05 tax year for weymuffred only has 28 credits.
IB has therefore been correctly disallowed.

Be careful with the following statement obtained by the CAB from HMRC-
'Because when the CAB rang up the NI people, tax years 05/06 and 06/07 were fine'. This may not mean IB/JSA is payable.
HMRC do not decide benefit entitlement- for IB/JSA only JCP does.
You may have 52 credits in both 05/06 and 06/07 that qualify for RETIREMENT PENSION, but may not for IB/JSA.
HMRC are NOT experts in the contribution conditions for IB/JSA.

If you wnat to know if you could qualify for IB from 7 JAN 08 (not April in post#9), ring your JCP Benefit Delivery Centre and just ask them this question-
"If I reclaimed IB from 7 JAN 08 under PIW breaking rules, would I qualify for IB?"
JCP can check your NI record and tell you if you can, or explain why you may not.

thanks for that, as I say I hope to being doing some kind of work by then (Fingers crossed). Still confused about the strict passport conditions of Carers Allowance though.

stazi

There are no 'passport conditions of CA' for IB. There are however, 'Special Considerations' for the IB contribution conditions for those who have recently had CA.
For an IB claim from 7 JAN 08-
*If you have at least 1 CA credit awarded in the tax year 06/07 AND
*You have at least 50 credits in BOTH tax years 05/06 AND 06/07 AND
*You have PAID 25 X LEL in ANY tax year
*You will qualify for IB at £61.35pw from 7 JAN 08 (assuming you are still incapable of work and have satisfied the PCA).

dmg24

weymuffred wrote: »

thanks for that, as I say I hope to being doing some kind of work by then (Fingers crossed). Still confused about the strict passport conditions of Carers Allowance though.

If you are looking to return to work, why are you claiming IB? If someone is actively seeking work they should be claiming JSA.

weymuffred

dmg24 wrote: »

If you are looking to return to work, why are you claiming IB? If someone is actively seeking work they should be claiming JSA.

I have not worked since the middle of 2001. My appointment on friday is to discuss in more detail, possibilities of returning to work, slowly but surely as I wouldnt be expected to just get a "9-5" office job and just cope with it.
What I would like to do is start off with an hour a day, if that, doing something at home if thats possible.

It would be unfair of me as well to take up a full time job and then turn around to them and say "sorry but I could be having bone fusion operation, I will be off for x amount of months" because it will cause ill feelings and wouldnt look good on my cv.

The timescale in me becoming atively seeking work is not short term so therefore pointless in claiming JSA.

weymuffred

This was posted on the other forum, I am so confusedthat they think I should be entitled , and you guys dont.

The rules say that if you had Carers Allowance in the tax year previous to the benfit year you claim Incapacity in you should be passported through the first NI condition.

So if you claimed Incapacity at any time in 2006 and had carers at any time from April 2004 - 2005 you would be passported through the first NI test.

IB claim 2007 tax years for Carers to be paid April 2005 - 06.

Why is it the benefits system is so confusing?

stazi

The benefits system only becomes confusing when the wrong phrases are used. Passports are only used when travelling abroad.

As I said in post #14-'There are no 'passport conditions of CA' for IB. There are however, 'Special Considerations' for the IB contribution conditions for those who have recently had CA.'

In post #14, I have tried to explain are simply as possible the effect of having had CA recently has on the IB cont conditions.

'Special Consdierations' allow the 1st NI cont condition to be 'treated as satisfied' - where it has not been in the last 3 tax years where someone has had CA in the 06/07 tax year -provided you have PAID 25 X LEL in ANY tax year.

For example- If someone has never worked and never paid 25 x LEL in any tax year - they will not qualify for IB because the 1st cont condition cannot have been satisfied. Remember-IB is a contributory benefit and to get it you MUST have contributed.

An exception to this rule is IB in Youth.

I agree with you that the NI cont conditons for IB are very complex- but that's the way the law is written. All laws are intended to be 'water tight' to avoid black holes & confusion etc.