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Old rules for incapacity benefit please help

Barry P
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Please can you help me?


I feel sick with worry and cannot sleep!


Do you have any information or help about old rules for claiming incapacity benefit?


In 1995 I suffered a nervous breakdown.


I was very ill in hospital for several months so my wife (now ex-wife)

and my support worker applied for benefits as my sick pay was coming to an end from my employer

and we had four children?


I was medically retired by my old employer a year or two later

and given a lump sum and an ill health retirement pension.


My wife dealt with everything as I was not able to cope with anything.


She was assured that this pension would not affect incapacity benefit or DLA as it was not means tested

and so did not include ill heath pensions.


I have suffered with bouts of clinical depression ever since

and was diagnosed with major depressive mood disorder and will be on medication for life.


I have recently read online that the rules changed around 2001

and they started to include ill health pensions but old claims were not affected by the change?


My cousin knows his boss well

and he has managed to get me a part-time job (two mornings) working at his place on a trial basis (six weeks).


At my age (50) with my history this is probably the last chance I will get at a job?


What will happen if I take it?


Will I lose all my benefits even though it is part-time?


It is self-employed does that make a difference?


Do I have to tell the jobcentre about the ill health pension now or does it still not count?


I also have savings of Four thousand.


I have been paying tax/insurance, full council tax and full rent.


I feel sick with worry!


Please can you help or point me somewhere that can?


Thank You


Barry P

Edited by Barry P
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I think whether some work will affect your benefits now, will depend on which benefits you are receiving now. If you are still on Incapacity Benefit and have not yet undergone the migration to ESA, then I would guess that the Incapacity Rules still apply. Don't take that as gospel.



Try and get an appointment at your local CAB or Welfare Rights organisation. They will be able to advise you about the rules currently in place, give you advice on the changes in permissible work regulations. They can also do a check to see how your pension and any other benefits you receive would be affected by working.



A little word of caution, be careful how you present your case to the DWP for doing some part time work. It is a good idea to ask CAB about this, because the DWP have been known to assume that if someone with a live claim for either IB or ESA or DLA on mental health grounds is taking up some work, then they are, in the eyes of the DWP 100% fit for work. To avoid this, putting forward a case for taking up some limited work that will be therapeutic to you might be helpful.



IB used to have a 12 week linking rule, where if you tried out some work and it didn't work out, you could go straight back on to the same level as benefit as before. That linking rule has now gone.



Please seek out advice from CAB



Good luck :)

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