Confused? You will be

shopaholic2

i am very confused, so if this doesn't make sense then i am sorry

Right, on monday (28th) i am going to my inc ben tribunal.
i WAS getting incben for 9 years, due to my trachea being crushed due to a tumour, and subsequently i had a tracheostomy, which i now live without, since last feb, but i still suffer with breathlessness.
My consultant haswritten to the appeal tribunal supporting me, saying that my problems are still as bad, i just manage without a tracheostomy, but cannot do very much.
He says he is suprised they turned me down for it this time (well,it was may last year when i filled the IB50 in!!) and he supports me in that he knows i will never be the same again and, although i was/am doing permitted work, it is very difficult for me, i am very tired, and could not do any more hours than i do at present.

Right, apologies for waffling, here are my queires:-

1, Do you think the tribunal will actually take my consultants letter into account? I know they dont listen to GP's, and i am scared they will laugh me out of the room.

2, My employer has had me doin, on the odd occasion, more hours (18, instead of 16) than is allowed under the permitted work rules, but at the time, i wasn't recieveing IB (due to the appeal), IF they reward it back to me,what will happen about those weeks??

3, The 16 hours a week rule.....is it worked out over the year? For instance i work 18 hours a week, but only for 38 weeks a year, so some weeks i dont work any, (does that make sense), 16 hours a week over 52 weeks is 832 hours, but on 18 hours a week, over 38 weeks is only 684 hours, so worked out over the year i actually have done less hours than is in the permitted work rules.
i am sorry, i know this is all gobbledygook, and if your confued, then how do you think i feel!!!


If ANYONE has any answers i am ready to hear them!
xx

shopaholic2

76 views and not one teensy reply???

I know its a mess, but cant someone give any ideas?
x

stazi

1) An appeal hearing will look at all the available evidence provided by you and JCP.
2) If you win your appeal, you will need to declare the weeks you worked more than the PW level of less than 16 hrs pw
3) PW is for less than 16 pw - calculated weekly

lotto-dreamer

It sounds like you have a lot to cope with. x

I have no practical advice to offer and no knowledge of IB at all - but have done some googling and found this http://www.newcastle.gov.uk/core.nsf/a/wr_ifwpca

which you probably already know anyway - but until someone comes along who can help (I'm sure they will) perhaps you could do a bit more googling so you can gauge what the criteria might be.

lil_me

I think the best advice to give in this case would be to contact your local welfare rights office ASAP they can assist with tribunals and advised on the implications of doing over 16 hours (however usually this is only usually dealt with on a weekly basis, what it works out over a month/year is irrelevant)