Please Advise

Reets

New to the board so a big hello to everyone. Have been on incapcity benefit for over 12 years, also get dLa at the highest rate. up till december 2006 was getting dla care at low rate, then in december 2006 they increased it to high care, I thought that was what I was entitled to. anyway just got my new housing benefit award it says I have been underpaid housing benefit and and council tax which they are now refunding money I have paid. they have told me that I get maximum benfeits and should be claiming some income support. as they say the law says I should be living on£149.30 and from april my incapicity will only be £93.38. I live alone I do not have a carer and have been told by housing benefit that I should be getting to income support premiums one of £12.30 and the other £50.35 these premiums I should have been getting since Dec 2006. am I really entitled to claim these benefits and can I get them back dated if so should I get intouch with income support and claim these I am 56 by the way and totally on my own many thanks for advice on this

stazi

To claim IS contact JCP on 0800 055 66 88. Tell the JCP contact centre that you already claim IB & DLA.
You can ask to apply for backdating for the IS claim, but you will need to give good cause. I think it will be unlikely that it can be allowed more than 3 months back (but I could be wrong).

real1314

Yep, from the circumstances you've described, you will get your incomeraised up to the level the HB have said.
To be honest I'd be surprised if you get it backdated as the rules are fairly stringent thesedays - I'm surprised the Hb people have done it - unless they found that you had notified them at the time, in which case they should have re-calculated it back then.

It might be worth asking for a copy of all your claim documents from Inacapacity benefit (you can do this under data protection rules) if you might have notified them of the DLA award, and asked at the time of you could get any extra benefit? If you did, they should have advised you to claim Income Support at the time.

stazi

real1314

There is no point in the OP asking for a copy of his IB claim form from 12 years ago. The notes that come with an IB claim form mention IS and other benefits.

The OP was only awarded DLA High Care from Dec 06 and may have had entitlement to an IS SDP only from then. The OP now needs to make an IS claim ASAP and ask for backdating.

Reets

Many thanks for all the advice, just one more thing that I am wondering will I have to go through all the medicals and things again or does everything I went through wit dla count

stazi

You are exempt from the IB medical called PCA so long as you have DLA High Care. If DLA care reduces to Mid or Low care, then the IB PCA will be applied to you.

Reets

Just like to say thanks for all advice. Have now recieved income support but they will not back date a penny they are paying me from when I made the claim. now do I leave it at that or should I appeal many thanks inadvance