Give up work or Incapacity Benefit stopped?

Jacks_xxx

Hi everybody,

I really hope someone can help.

My dad is 62 and hasn't worked for about 3 and a half years.

He had to give up his small gardening business after crippling back pain made it impossible and he eventually had a double hip replacement after almost going insane from the pain

He can walk again now, but he doesn't have full range of movement and he has some muscle wastage from whilst he couldn't walk. He still has some pain, and can't stay in the same position for too long.

He can't start up his business again, as he unable to do that work any more but he got a p/t driving job for 14 hours a week.

This exhausts him, but he's glad to be out doing something, two days a week, and my parents need the little bit of money it brings in.

The incapacity Benefit people know all about it and have said it's fine ("permitted work") but today my Dad has received a letter saying that he must give up his job and only earn £20 a week or his Incapacity Benefit will be stopped.

I don't understand what has changed?

The other thing I don't understand is that the form says he must earn less than £20 for 52 weeks and then in a year he will be allowed to take on some permitted work again.

Can anybody shed some light?

Love Jacks xxx

dmg24

I think you have misinterpreted the letter. It is all explained here. In particular:

You can work:

• for earnings of up to and including £20.00 a week for an unlimited period, or
• for less than 16 hours a week, on average, with earnings up to and including £88.50 a week for a 52 week period
• for less than 16 hours a week, on average, and earn up to and including £88.50 a week for as long as your illness or disability is considered sufficiently severe that you are treated as meeting the threshold of incapacity without undergoing a medical assessment

It looks like he has exceeded the 52 week period mentioned in the second point.

Jacks_xxx

dmg24 wrote: »

I think you have misinterpreted the letter. It is all explained here. In particular:



It looks like he has exceeded the 52 week period mentioned in the second point.

Thanks honey,

He was told this originally, that he met this criteria:

"for less than 16 hours a week, on average, and earn up to and including £88.50 a week for as long as your illness or disability is considered sufficiently severe that you are treated as meeting the threshold of incapacity without undergoing a medical assessment"

He works for 14 hours a week earning £77.50. He hasn't been told that he has to go for another medical or that he no longer qualifies for some reason

The form is very hard to misinterpret he basically has to check a box

Are you earning more than £20 a week (if so you will lose your IB)

Yes

or

No

That's pretty much it.

dmg24

Has he been claiming for the three and a half years that he has been ill, and how long much of that time has he been working for?

The forms are often overly simplified, you either fall into a category or you don't, and no explanations given. Not overly helpful when you want to understand the reasoning behind the decisions.

healy

I think the confusion here is that permitted work is limited to 52 weeks at a time unless you are in an exempt category and then it has no limit. If he is exempt from the PCA there should not be the 52 week limit.

Jacks_xxx

dmg24 wrote: »

Has he been claiming for the three and a half years that he has been ill, and how long much of that time has he been working for?

The forms are often overly simplified, you either fall into a category or you don't, and no explanations given. Not overly helpful when you want to understand the reasoning behind the decisions.

He has been receiving IB for about three years and he has been working for about 18 months....

Jacks_xxx

healy wrote: »

I think the confusion here is that permitted work is limited to 52 weeks at a time unless you are in an exempt category and then it has no limit. If he is exempt from the PCA there should not be the 52 week limit.

Does anybody know what the 52 week limit is meant to achieve? I can't see the reasoning behind it.

dmg24

Jacks_xxx wrote: »

Does anybody know what the 52 week limit is meant to achieve? I can't see the reasoning behind it.

Don't know TBH, it does seem to defeat the object (as I see it) of easing people back into work.

I do think that there are benefits to working a few hours in a suitable role while unwell, in that it can have positive effects on your mental health, even if that is not where the health condition is. Unfortunately the gvt seem to disagree with this ... x

Jacks_xxx

dmg24 wrote: »

Don't know TBH, it does seem to defeat the object (as I see it) of easing people back into work.

I do think that there are benefits to working a few hours in a suitable role while unwell, in that it can have positive effects on your mental health, even if that is not where the health condition is. Unfortunately the gvt seem to disagree with this ... x

Cheers honey. I'm really upset about all this, but I can't see how this particular rule is ever going to make sense for me - even when I do calm down and perhaps think more logically. :rolleyes:

xxx

stazi

PW for up to 52 weeks, and earn £88.50pw without it affecting their IB, is to help/prepare people move into work if they are able.

The Govt considers that 52 weeks is long enough for people to 'make their mind up' if the work is suitable, or stop doing it. Otherwise, some people would want to work 'part time' forever, and have IB as a 'top up' to their earnings.

The present PW rules are a lot more relaxed than the old theraputic earnings rules pre 2001.

Fleago

Hi Jacks,

Your Dad may be eligible to go on to Supported Permitted Work. He should phone his local Jobcentre Plus and ask for an appointment with the Disability Employment Advisor (DEA) who should be able to refer him to a local organisation who are authorised to provide supported permitted work. The organisation would then be able to say whether they could support him. If he is accepted on to it, he would be able to continue earning the higher amount indefinitely.

Here's the form that he will need to have completed to go onto supported permitted work.

Hope this helps,

Fleago