Incapacity benefit advice

frugal_matelot

Hi

Can anyone confirm whether a partners earnings are taken into account. I thought this was a non-means tested benefit. My has been told that they will pay her national insurance contribution but not incapacity benefit because I earn too much. Is this right.
Can anyone who understands this please advise.

fabwitch_2

Has your partner paid into the system earned enough money to get incapacity benifit in her own right ? Has she enough points on the physical or mental health catergory . If she has then she will be entitled to incapacity and it will not matter how much you earn as it is irelavent. So your income will not be taking into account. If your partner has not worked enough in her own right then she will not be able toget Incapacity benifit

healy

frugal_matelot wrote: »

Hi

Can anyone confirm whether a partners earnings are taken into account. I thought this was a non-means tested benefit. My has been told that they will pay her national insurance contribution but not incapacity benefit because I earn too much. Is this right.
Can anyone who understands this please advise.

If it is Incapacity Benefit she is claiming your earnings will not make a difference. If it is Income Support due to Incapacity she is claiming your earnings will be taken into account.

frugal_matelot

Hi

Yes she has enough points. She had not paid enough contributions but they gave her another form to fill out that was sent to Swindon somewhere. They sent a letter saying that she would continue to get paid. She rang up and told them that they had not started paying her anything. That was when they told her that they would pay her contribution but not the benefit. When she asked why she was told it was because of my earnings. They told her that they would have paid her but not because of this. If this is not right who does she appeal to.

healy

If she has not paid enough National Insurance contributions she is not entitled to Incapacity Benefit. She cannot appeal against this.

seven-day-weekend

....and if she is not entitled to Incapacity Benefit, she will be claiming Income Support due to Incapacity, which IS a means-tested benefit and therefore your earnings will be taken into account.

frugal_matelot

seven-day-weekend wrote: »

....and if she is not entitled to Incapacity Benefit, she will be claiming Income Support due to Incapacity, which IS a means-tested benefit and therefore your earnings will be taken into account.

I still do not understand why they said the only reason they will not pay the benefit is because of my earnings not anything else.

dmg24

frugal_matelot wrote: »

I still do not understand why they said the only reason they will not pay the benefit is because of my earnings not anything else.

As others have said, she appears not to be eligible for IB due to not having paid sufficient NI Contributions.

Therefore she was assessed for IS due to Incapacity. As this is means tested, she is not eligible due to your earnings.

seven-day-weekend

frugal_matelot wrote: »

I still do not understand why they said the only reason they will not pay the benefit is because of my earnings not anything else.

Because your total household income will be assessed, not just hers. So what you earn is taken into account and if the total family income is over the threshold for receiving Income Support, the IS will not be paid.

frugal_matelot

I thank everybody in this thread for the advice. Its just a shame that the DWP couldn't be bothered to explain it so plainly to my wife. Once again many thanks