104 week linking rule

[dj1971]

I was in receipt of income support and incapacity benefit up until January 2009 when I signed off benefits and started part time work of 20 hours per week.

 

Was signed off sick by my gp on 1st May 2010 and made redundant by my employer 31st May 2010.

 

Under the 104 week linking rule am I entitled to go back on the same rate of income support and incapacity benefit as I was on in December 2008?

 

Does the 104 week linking rule also apply to housing and council tax benefit?

 

DWP and local council have told me I cannot claim the same rates, but I have read somewhere that I can.

 

DJ

[debt4get]

i can answer part of this the 104 week rule will not apply to housing and council tax benefit..you would have to make a completely new claim for this..including supplying all the paperwork..3 months banks statements etc etc

[dj1971]

Thanks debt4get for your reply, but this is not what I was asking. I obviously have to make a new claim as I have not been claiming for 18 months.

 

What I am trying to find out is having made a new claim, should the amount of entitlement be the same as in December 2008?

 

I have read it should be linked, but my local authority are adamant there is no such thing as 104 week linking rule.

 

Appreciate any help anyone can offer

 

DJ

[honeybee13]

I think I understand what you're asking, but are you saying if you're a new claim you want to go back on IB? Reading the DWP website, it mentions the linking rule at one point, but not how it works.

 

There is a free IB helpline, have you rung them?

 

But it also seems to say that for all new claims, people will go onto ESA. Can you claim without being a new claim?

 

I hope I've answered the right question, because you mentioned IB and council benefits in your OP.

 

HB

[dj1971]

Hi Honeybee,

 

Thanks for your post.

 

I would not be a new claimant for IB because of the 104 week linking rule, though I did have to re-apply for IB and the 104 week rule automatically kicked in.

 

My issue is with HB & CTB, my understanding is should work same as IB claim, submit claim and 104 week linking rule automatically kicks in. But my local authority say there is no such thing as a 104 week linking rule.

 

I have appealed and sent them a brochure explaining the rule, but they still adamant it does not exist.

 

Am I going mad and imagining all of this? lol

 

DJ

[Zara33]

I was in receipt of income support and incapacity benefit up until January 2009 when I signed off benefits and started part time work of 20 hours per week.

 

Was signed off sick by my gp on 1st May 2010 and made redundant by my employer 31st May 2010.

 

Under the 104 week linking rule am I entitled to go back on the same rate of income support and incapacity benefit as I was on in December 2008?

 

Does the 104 week linking rule also apply to housing and council tax benefit?

 

DWP and local council have told me I cannot claim the same rates, but I have read somewhere that I can.

 

DJ

Can I reclaim benefits if my job stops?

Yes. If you are thinking about working, find out if you will be able to reclaim any of the benefits you

currently get if your job does not work out. A number of schemes provide protection, including:

• 104-week benefit protection

• the two-year linking rules

• rapid reclaim.

104-week benefit protection

If you have been on benefits because you are incapable of work, and you stop claiming to take up work or training, you may qualify for 104-week benefit protection. This means that if you stop work or training within 104 weeks of starting, and you need to claim a benefit again because you are incapable of work, you can reclaim your benefit at the same rate as before. The benefits that are covered include:

• ESA

• SDA, which was abolished for new claimants in April 2001, but some people may still be getting it

• IB and any age addition and dependents’ additions that you were getting before you started work

• IS, Housing Benefit and Council Tax Benefit. You will qualify for the disability premium paid with these benefits, without having to serve the qualifying period again

• tax-free IB, if you were on IB before 1995

• IB without a reduction for an occupational pension, if you were on IB before April 2001

• entitlement to mortgage interest or other housing costs as part of your IS, without having to serve a waiting period.

You qualify for 104-week benefit protection if you:

• were incapable of work for more than 196 days in your last period of incapacity for work

• cease to be entitled to benefit on the grounds of incapacity for work

• start paid work within a month of ceasing to be entitled to benefit. This includes taking part in a

government training programme for which a training allowance is paid.

http://www.rnid.org.uk/VirtualContent/101696/Benefits_and_work_April_2010.pdf

Does that help any?

[dj1971]

Hi Zara,

 

Yes this is a great help. I am going to send a copy of this to my local authority.

 

Many thanks

 

DJ