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Income Support Appeals


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Hi there;

 

I've recently been booted off Income Support, but am currently appealing. I'm pretty sure the person I spoke to on the 'phone mentioned that payments would still be made whilst I was appeal process was going on but can't be sure. Whatever the case, I haven't had any, and the websites/literature regarding this matter don't mention it - Anyone have a clue?

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On what basis were you receiving Income Support? i.e incapacity, lone parent etc

 

And for what reason was it stopped?

 

I am asking so as I can provide you with the appropriate advice, not to be nosey!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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It was for incapacity as I suffer from anxiety/depression, etc. Income Support was stopped following an interview where I "scored" 9 out of the 10 required "points", though decided to appeal because according to the Personal Capability Assessment they sent me following the interview a number of the questions I had answered were filled in incorrectly by the person interviewing me.

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In that case, yes you should continue to receive payments whilst your appeal is in process, albiet at a reduced rate.

 

Income Support regulations Schedule 1B paragraph 25.

 

Also see here: http://www.osscsc.gov.uk/aspx/view.aspx?id=72

 

The above commisioner's decision is often used as case law by Welfare Rights officers who come up against this issue of reduced rate IS not being paid whilst awaiting a final determination of an Incapacity benefit or Income Support on the grounds of incapacity appeal.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thanks for your help :)

 

I still haven't received any payments since sending my form off etc. though am thinking it may be backdated - the form was sent off earlier this month.

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You need to get in touch with them in regard to this. They should begin paying you the reduced rate from when the appeal is received - but you must continue to send in your medical certificate from your GP whilst you await the appeal, in order to receive the benefit. If you don't send in your certs they can stop the benefit pending appeal.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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You will get paid IS as soon as IB have accepted your appeal not the same as receiving it, but there should be no problem

You will get IS on the reduced rate from the day after you were last paid as long as it was received in the calendar month from when you failed your PCA or medical

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