entitled to no benefits?

[chocolatelover1]

Is this scenario possible? I have been given some bare facts from my brother and it just doesn't seem right. He had a "mental breakdown" a few years ago and was sectioned for several months. He was released, but still had to attend hospital during the week and was on a variety of pills, I think to "dampen" his brain activity. Then a year after his first breakdown he had another "breakdown" and again was sectioned for several months. However, he has been out of hospital for several months although i think he is still on some sort of remand, where he is continually assessed and can be sectioned again at any point. He is still on medication, the main side effect is drowsiness (and i mean it causes him to sleep for most part of the day and night). He was receiving incapacity benefit but he was assessed recently and deemed not ill enough to get incapacity benefit. His specialist doctor thinks this is ridiculous and is helping him to appeal this but brother receives nothing in the meantime. Also, he does not qualify for jobseekers allowance neither as he was deemed not fit to work! So the bottom line he receives nothing. He stays with my mum, who between her and the rest of the family look after him. But surely he must be entitled to something. The Government can't surely have it both ways. Anybody have any comments?

[Aviva]

Has anyone spoken to him about ESA - http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/esa/DG_171894

 

There are other posters on here who will be able to give advice about appealing the incapacity benefit decision.

[chocolatelover1]

I think he was getting that for a limited time but this was stopped, i think as he had not paid enough National Insurance. My brother is only 25, he had his first breakdown when he was about 22. He left school at 18, was in college for a number of years and has worked for a couple of years. It just does not seem right that he can be left with nothing (and if it were not for family he would be another homeless starving statistic!), when being an alcoholic or having a drug dependancy can qualify people for incapacity!

[starblackie]

would he not be entitled to income support? what about DLA

[ErikaPNP]

Incapacity is the benefit that he needs to have paid sufficient contributions for. If he isn't entitled to contributory based ESA, he should be claiming income related ESA, unless there is other income which is in excess of the income threshold, or capital in excess of the capital threshold.

 

Incapacity benefit and Income Support on the grounds of incapacity can no longer be claimed for new claimants.

 

Whether it was Incapacity benefit or ESA, if he attended the medical who thereafter stated that he is fit for work and this subsequently caused the end of his claim, then he should be able to receive ESA (if it was ESA that he was on) at the assessment rate or IS (if it was IB/IS that he was on) until the final determination of the appeal provided he continues to provide sick certs - or "fit" certs as they are now known(!)

[MIKEY DABODEE]

As Erica has pointed out your brother needs to appeal against the decision to find him fit for work if he was on IB . Usually the appeal has to be accepted with in a month but it may be worth a try getting it accepted, he has grounds I would say due to his health, you would need to complete a GL24 for this, its an appeal form but you can write in giving full details to why he didnt appeal earlier giving as much detail as you can

 

If it is then he can claim I.S on hardship grounds untill the appeal is heard. If he wins his appeal then his full IB would be reistated.