IB and IS not entitiled!!

[ADIE1965]

Hi,
I suffer with back problems and had to leave my employment in September 2007. I have since that time been trying to claim Incapacity benefit only to be told I don't qualify as I am short of NI contributions for the year 2005-2006.
Could someone please tell me if I apply again in January 2009 I would then qualify as 2005-2006 will be replaced by 2006-2007(asked DWP they haven't got a clue?).
I have also been trying to claim Income support but also been told I don't qualify because of my partners earnings and Tax credits. Although www.entitledto.co.uk says I am?
I have only been claiming higher Mobility rate of DLA and would have thought there is something else I could claim.

Any help appreciated

[MONX]

If you dont qualify for any payment on Incapacity benefit due to a your NI contributions being low, you can just claim "credits only", this means that you will keep your contributions up to date whilst you are claiming. You wouldnt get any payment but you would have to keep sending in your sick notes.

If you leave it to Jan next year the new Employment and Support Allowance will take over from Incapacity Benefit and although you may have an illness/disability you will have to attend a work focused interview that will focus on the kind of work you can do. Your entitlement to this benefit will depend (as well as your contributions) on you attending this interview and keeping up with what was agreed you would do to find work.

Income Support is a means tested benefit so you and your partner are assessed as a couple, any money, income, other benefit etc that he/she has coming in will be assessed against the £95 the governrment says you should live off each week. If what he earns/recieves is more than this then Income Support is not payable.

I understand and am sorry that this is not what you wanted to hear, and if someone or another site has told you that you are entitled to claim anything, well in essence that is correct; anyone is entitled to claim any benefit but their personal circumstances will be taken into account and benefit will only be paid if they satisfy all the qualifiying conditions.

[Bookworm]

Mobility rate of DLA? If you're getting the higher rate on mobility, how come you're not getting any of the care element?

[ADIE1965]

Thanks MONX for your comments.
I'm not disappointed but frustrated, ie: If my NI contributions where up to date I would have been receiving IB for the last 12 months plus DLA. But because they are not it's DLA and tough
My partner earns £97 per week working round our son and I. Making his and my lunch first thing in the morning, taking him to school, work, picking him up from school, cooking tea, washing, ironing, cleaning etc etc. Yes we receive HB and CTB but it is still a struggle. Sorry I'll stop moaning now.

Thanks also to Bookworm.
I'm in the middle of trying to get care element of DLA. Only been getting mobility because it's so confusing filling in form Hopefully hear something soon!

thanks again Adie

[Elenathion]

How many hours a week does your partner work?

[Bookworm]

I was going to ask the same. Has he tried claiming for Carer's Allowance?

[ADIE1965]

My partner works 16 hours per week. Sorry forgot to mention we get tax credits.
No she's not tried for carers allowance, will look into that

Adie

[Elenathion]

Do you get both child and working tax credits?

[ADIE1965]

Yes both!

[Bookworm]

Definitely check for CA. Although it is a taxable and taken into account into the whole benefits things, you can earn up to £95 a week and still get CA (which is about £50/week nowadays).

Carer's Allowance - who can get it : Directgov - Caring for someone

but also read:

Carer's Allowance - effect on other benefits and entitlements : Directgov - Caring for someone

for how it affects other benefits.

Let us know how you get on.

[ADIE1965]

Thanks Bookworm,
Had a look at CA, unfortunately £95 is the most you can earn and my partner earns just above that.
Let's just hope we're successful with DLA care component

[pompeyfaith]

also if you get carers allowance remember to inform your council as you will be entitled to a discount.

Check here Carers UK : Help with council tax

[pompeyfaith]

how much above as it may be worth her dropping an hr or so to get it

[ADIE1965]

Unfortunately if she drop's any hours she won't be eligible for WTC

[poppynurse]

And my reading of the council tax info means that you can't get a reduction for caring for a spouse (or child under 1

[sallysas]

Not sure about child but you can get carer's for looking after a spouse. But if your income drops because you no longer qualify for wtc that is a bummer. If you are worried about filling in the dla form ask CAB or see if anyone from the council can help (we have neighbourhood offices here as do other authorities).