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Incapacity or Income Support sick?


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Hi i'm new to the forums and hope I've posted in the right place, my problem is I've just failed an ATOS medical and have been told they are now taking my Incapacity Benefit off me. I was awarded this benefit about 8 years ago after an appeal and for 3 years and numerous queries told i don't get any extra money. Then out the blue I decided to phone again because i had an official form to fill in so needed to know for sure how much I received. DWP told me yes, you get Incapacity, no we haven't paid you it for 3yrs so I got 3 years backpay, then they took it off me, another appeal I got it back, once again no rise in my Income support,

 

For the last 3 years they again have been saying NO I don't get Incapacity Benefit, It never shows up on any breakdowns they send me, but after the ATOS medical they are now taking it off me and are stopping all my Income Support as I won't get ESA. I get around £28.00 a week on top of my Income support (because you are sick or disabled) but was getting this anyway before the Incapacity, can anyone make sense of just where the Incapacity is, I never received any letters stating it was changing/stopped but should have an award letter somewhere.

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Hello and welcome to CAG.

 

You're nearly in the right place, but I think you'll get more replies in the main benefits forum rather than the specialist Atos one. :)

 

I'll move your thread and leave you a short term redirect here. I'll also post up a link to the forum sticky about appeals because it sounds to me as if you need to.

 

My best, HB

Illegitimi non carborundum

 

 

 

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It is confusing, I am on IB as it was reinstated after a tribunal hearing found in my favour, but on paper it always says I am on IS and it is IS that I have to speak to if I have any problems with or to do with my benefit. I was told by IS that they pay me and my benefit is topped up with incapacity credits, because I am either sick or disabled. Mine is broken down as £71 IS with £31 because I am sick or disabled, but officially it is IB. Since the ESA came in and the IB is being phased out I cant see anywhere on the dwp website anything about IB, I went on to check about cold weather payments and couldn't see if I was entitled as there was no mention of IB anywhere, but I was and did get it.

 

Hopefully someone in the know will come on and explain what the situation is.

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Thanks Ruby, suppose it's all worded to confuse, they always expect me to phone but as my hearing is deteriorating I can't do that anymore, Oh and I get lowest rate DLA, would this effect the Incapacity?

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Hi i'm new to the forums and hope I've posted in the right place, my problem is I've just failed an ATOS medical and have been told they are now taking my Incapacity Benefit off me. I was awarded this benefit about 8 years ago after an appeal and for 3 years and numerous queries told i don't get any extra money. Then out the blue I decided to phone again because i had an official form to fill in so needed to know for sure how much I received. DWP told me yes, you get Incapacity, no we haven't paid you it for 3yrs so I got 3 years backpay, then they took it off me, another appeal I got it back, once again no rise in my Income support,

 

For the last 3 years they again have been saying NO I don't get Incapacity Benefit, It never shows up on any breakdowns they send me, but after the ATOS medical they are now taking it off me and are stopping all my Income Support as I won't get ESA. I get around £28.00 a week on top of my Income support (because you are sick or disabled) but was getting this anyway before the Incapacity, can anyone make sense of just where the Incapacity is, I never received any letters stating it was changing/stopped but should have an award letter somewhere.

 

Hi Minie, this is how it works. Incapacity benefit is a contribution based benefit, so you only get paid actual incapacity benefit if you've paid enough contributions. If you get found to be too sick to work due to incapacity but haven't paid enough contributions then you get paid income support on the basis of incapacity instead of actual incapacity benefit.

 

Now incapacity benefit and income support due to incapacity are both being phased out and there will only be ESA.

 

If you're not entitled to income support for another reason (for instance being a lone parent of a young child or being a carer), then you will need to appeal the decision finding you fit for work and refusing you ESA. While appealling you'll get paid basic rate ESA.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Estellyn, that was the easiest explanation i have received in over 8 years, thank you, i will be launching an appeal, not very hopeful as I have 5 hidden conditions including my hearing loss, which in themselves may not be too severe, but have a knock on affect as one triggers the other. Assessor commented that i seemed to hear my name being called no problem in waiting room, well as i sat directly facing the door and was looking at her walk in, and my daughter gestured when she called my name it's not surprising really, oh well, there's always someone worse off i suppose, thank you too HB, yes i found it fine :)

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so will that still apply in april, when the new appeal system comes in?

 

The new system won't affect ESA until October. I presume (but can't say for sure) that only decisions appealed after the change will be affected.

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