Claiming Benifits.. What more can I do

ajo

Hello

Im new to this forum.

Basicly I am out of work at the moment. I last worked an office Job but due to my bad back I was off for 6 months. After the break my contact ran out.

I have been trying to claim benifits for the folowing reasons.

I have servier scoliosis which is now getting worse and preventing me more and more from doing every day things. An office Job where I am sat down all day is no good at all for me nor is somthing where I am on my feet al day.

I have come to the decision that if I can not work then that is all I can do.

I have claimed for various benifits, one of which I had to see one of there in house doctors who was surprised that I had been working at all! But still they dont want to give anything out.

I feel a little enoyed at this as I have a genuine illness but not a recognised illness.

Dont get me wrong, but I know a few people with M.E which I understand is a real illness but some that I know have "M.E" and they are getting benifits just fine.

What could be preventing me from getting these benifits as my illness is very physical and I cant see how they could think that I was making it all up.

Any help will be great

Thanks

Ted_Hutchinson

This site enables you to assess yourself for Disability Living Allowance
If you go through the questionaire tonight and post back tomorrow if you think you qualify I'll post some more helpful links.
Edit: Last night I provided details of the eligibility criteria for Disability Living Allowance (DLA) as you haven't returned I presume you feel this isn't an appropriate benefit.
However another sickness/disability benefit for those unable to work is Incapacity Benefit for this you need to meet the threshold of points as set out in A guide to the personal capability assessment which used to be called the All Work Test answering the questions in the All Work Test Calculator should give you an idea if this is appropriate.

ajo

Thanks for that I will look into it.

I think my letter said that I cant get it at the moment becuase I havnt got enough tax credits (I think this is due to my last employer mucking up my tax which is slowly being sorted) so they are now giving me tax credits.

Can anyone please explain to me what this means and how it helps.

Thanks

ajo

Ted_Hutchinson

Disability Alliance Incapacity Benefit criteria
If you follow this link from the Disability Alliance website you will find the qualifying critera to satisfy the rules for contributory Incapacity Benefit
I think you will need to see a Welfare Rights Professional to work out whether you should have sufficient contributions in the right years and to apply pressure on the DWP and Inland Revenue to sort out the errors made by your employer. CLSDIRECT have a search facility which will find Welfare Rights office near you and they also have a Telephone Helpline which will talk you through the immediate problem.

dag_2

Basicly I am out of work at the moment. I last worked an office Job but due to my bad back I was off for 6 months. After the break my contact ran out.

Did you get statutory sick pay while you were off? It's a bit late now if you didn't - but you should have been sent a claim form for incapacity benefit.

Like Ted says, Incapacity Benefit after six months is based on a personal capability assessment. You can't get it while working but it's not means-tested. On the other hand, if you're awarded Disability Living Allowance, it doesn't matter whether you work or not - or have a carer or not, you still qualify. You can get both at the same time, and unless I'm greatly mistaken, they don't affect each other.

I feel a little enoyed at this as I have a genuine illness but not a recognised illness.

If your illness isn't recognised, then it might get in the way of receiving proper medical attention for it - but it shouldn't make any difference to your benefits. Both Incapacity Benefit and Disability Living Allowance are assessed on what you're actually able to do - and not on medical knowledge of what your illness or disability is.

But if you're having difficulty getting your GP to sign your form, you should try another doctor in the same surgery, or ask for a second opinion. Seek advice from a citizens advice bureau.

I think my letter said that I cant get it at the moment becuase I havnt got enough tax credits (I think this is due to my last employer mucking up my tax which is slowly being sorted) so they are now giving me tax credits.

I think you'll find that it's national insurance credits you might not have enough of, not tax credits. Tax credits are something else - and whether you get tax credits or not doesn't affect your entitlement to contributory benefits such as Incapacity Benefit or state pension.

If you have only been working for part of the year, and didn't work the whole year for two previous years, then it's very likely that you won't have enough national insurance credits to get incapacity benefit. But don't just take that as read; you can check it with the Contributions Agency.

Hope that helps. (I have assumed that you are under 65 years old)
(This does not constitute legal advice)

ajo

So I havnt got enough N.I credits because I havnt worked enough, and I cant get the benifit because I havnt got the N.I credits.

I see a loop happening here.

Cant they see that im NOT ABLE to work!

Rikki

you can get incapacity benifit credits that take you up to your year of contributions and then you get incapacity payments. Basically you claim it but get no money until you have 12 months NI credits. Claim straight away don't wait. Get a sick note from your GP and put your claim in.

ajo

So when does my year end/begin?

I was last working in october last year.

Rikki

If you don't have 12 months for the previous tax year you will have to build up 12 months this will start from the day you make your claim. ie august 05/august 06. They do not back date so you need to do it sooner rather than later.

ajo

If I get a small amount of money coming in from now on (I have already claimed which is why I am getting the N.I credits) do I have to tell them, how will this affect me?

Tharweb

I have replied on your other post :rolleyes:

http://forums.moneysavingexpert.com/showthread.html?t=84512