Income Support And Incapacity Benifit

JoJo129

Hi,
I was wondering if anyone could help, im gonna just get to the point and cut a long story short, i have a solicitor who said income support and incapacity benifit are seperate from one another, and that i should apply for income support, i go to the jobcentre plus and they said i can't hand it in without an incapacity form, i was wondering if this is true as i didn't really want to claim incapacity, as it seems a lot of agg and it has been a streesull time recently.

Oh and i also get DLA mid care/ High rate if this affects any of this im not sure.

Thanks for any help and information you can give.

allen35

Hi Jo Jo

Your DLA wont affect any benefits you claim, without more info it's hard to advise you.

Things like are you single, age, left employment, live alone.
Your solicitor is right, income support is means tested whilst incapacity benefit is not. This is what you will have to claim if unfit for work. What are your circumstances at present, are you claiming any benefits apart from DLA.

Benefits_Blagger

first of all, your DLA is "invisible" income in that don't count towards anything , tax wise or benefit wise.

regarding incapcity, it will depend on what other benefits you need. if you need means tested benefits such as housing benefits then income support is easier as it will be passported. but you can still get HB on IB under certain circumstances.

if you are a homeowner and have money in the bank, then IB is better.

but if you do need and have recourse to means tested benefit then the fact that you mid/high rate care DLA does make a difference as you will less deductions out of these benefits should you claim them.

JoJo129

Thanks for the replies, well i am 19, single, living with my mum, i only get dla at the moment, i did want to claim Income Support, but not Incapacity Benifit as i am having trouble with my doctor who won't acknowledge my condition, and refusing me medical certificates or sick notes, (I suffer with EDS aka Ehlers Danlos Syndrome) and my solicitor said Income Support and Incapacity Benifit are seperate but the job centre said i can't claim Income Support unless i claim Incapacity. Is this true? I am getting very stressed with my doctor not supporting me.

allen35

Have you thought about changing your gp to another one in the surgery.
You must of got some help with being on hi rate mob/middle rate care as the DWP do request evidence from gp in most circumstances. You will not be entitled to income support but have to apply for jobseekers allowance unless you applied for sickness benefit(incapacity). Being so young and having no rent to pay as such i feel it would be better to go for incapacity benefit 'cause eventually you will get extra money for your age. I am not aware of the illness you have but i'm sure someone will be along in the morning who will give more advice.
Good luck JO JO.

PS Just a thought, surely based on your DLA award and the criteria for these components you are incapable for work and your GP knows it!!

JoJo129

Well, when i first started getting dla i was 8 and we had a different GP, and a couple years ago we changed and the new GP is horrible, thanks for the help though.

allen35

If you still meet the criteria for dla and you feel your gp wont help with your claim it's time to change mate before you get a review on your entitlement. Incapacity benefit is based on a medical by an independent doctor and a form to fill in to see if you meet the criteria so IMO i think you have a very good chance of passing the incapability test without your GPs help.. Once again GL

Benefits_Blagger

deffo change your doctor, b4 you do anything else. the fact that you have been on DLA since being a kid should make things easier.

I'm not to sure about the rules with young people regarding IB/IS, it use to be the case that you would go onto IB as you have never had the chance to earn the NI credits to be entitled to it. However reading a few posts on here recently I gather this may have changed. a few people in similiar circumstances have mentioned that they are only entitled IS now, but for some reason they still have to go through the IB claiming process. as i say i am not upto date with this as it doesnt affect me, so your best to find out exactly what you are entitled and how to get it, is to goto a CAB, they are brilliant as this sort of stuff.

Good luck,

Blagger

jul22

IF you are in receipt of High rate care for DLA then that is a qualifying condition in itself and you do not need to make a claim for Incapacity Benefit. If not, then to claim IS as a sick person then you will have to make a claim for Incapacity Benefit and supply medical certificates from your doctor to support your claim.
Hope this helps.

jetcat

you generally have to claim incapacity benefit first if you are incapable of work. if you havent paid enough national insurance, then you will be awarded income support instead. as you receive dla, then the income support will include extra premiums for disability. BUT, if your mum (or someone else) receives carers allowance for you, then you wont get the severe disability premium.

actually, i remember you said you live with your mum? i think my advice still stands - not sure about IS when living with a parent tbh!!! i know when you live independently someone can receive IB with a top up of IS (if on medium/high rate care DLA).

but, re your orignal question - applying for IB and IS, yes you have to apply for IB first. is there a local CAB who can help?

jetcat

allen35 wrote: »

PS Just a thought, surely based on your DLA award and the criteria for these components you are incapable for work and your GP knows it!!

DLA is not an out of work benefit, people can meet the criteria for, and receive, both high rate care and high rate mobility, but still be capable of work!! (their rules, not mine!)