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Incapacity Benefit


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Hi all - I have a quick question. My Oh is currently trying to claim Incapacity Benefit due to having a Herniated Lumbar Disc - my question do the DSS take my earnings into account when considering hy OH 's claim and can they refuse to award him benefit on the basis that i am working?

 

Cheers Sandbag.

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Hi

I think you will find that Incapacity Benefit is NOT means tested and is an additional benefit to any form of income support or salary etc. That is why some millionaires are on incapacity benefit. As far as you working goes, did you know that if you had a child on incapacity benefit you could still enjoy full time employment without penalty. Also your OH can use the incapacity benefit to obtain a car.:)

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Bollotom is WRONG!!!

 

Sorry - but you have confused Incapacity benefit with Disability Living Allowance.

 

 

Incapacity Benefit is paid when you Sick pay runs out and your Doc confirms that you are indefinately - or for a long time - going to be unable to work due to the incapacity.

 

It is not means tested, however it IS contributions based and will therefore depend on how long the person has worked and paid NI Contributions.

 

This explains about who can get IncapBen and who can't:

 

http://www.jobcentreplus.gov.uk/JCP/stellent/groups/jcp/documents/websitecontent/dev_012319.pdf

 

Incapacity benefit IS taxable and IS taken into account for Working Tax Credits and Child Tax Credits.

 

 

 

This is NOT to be confused with Disability Benefit.

 

 

 

Again this is not means tested, but is also not contribution based and therefore can be claimed by anoyone under 65.

 

IF (and it's a BIG IF) you manage to convince them that you are entitled to the TOP RATE for Mobility, then you will be given the choice of the money or motability, which would allow you to go and get a car adapted for your needs.

 

 

Let NO-ONE kid you that either of these benefits are easy to get and please don't be lulled into a false sense of security by folks telling you that "everyone" gets it.

 

DLA Information:

 

Disability Living Allowance : Directgov - Disabled people

 

 

DLA is NOT taxable and NOT taken into account for Tax Credit Purposes.

 

 

PLEASE read up on these benefits and get your local Welfare Rights people to help you with anything else you can claim.

 

Good Luck :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Hi

I think you will find that Incapacity Benefit is NOT means tested and is an additional benefit to any form of income support or salary etc. That is why some millionaires are on incapacity benefit. As far as you working goes, did you know that if you had a child on incapacity benefit you could still enjoy full time employment without penalty. Also your OH can use the incapacity benefit to obtain a car.:)

 

I am sorry - but the more I read this, the more annoyed it makes me. PLEASE check out the information you give out before telling people COMPLETE RUBBISH. :mad:

 

1. Incapacity Benefit is NOT means tested, but you have to be certified as unable to work to get it and have paid enough National Insurance in the first place.

 

2. Which Millionaires exactly?

 

3. Children cannot claim Incapacity Benefit.

 

4. Disability Living Allowance is the only benefit that can be used to gain a Motability Car.

 

5. DLA is NOT taxable.

 

6. Incapacity Benefit IS taxable.

 

 

For once the Government give very comprehensive information on the internet as to exactly who can and cannot claim these benefits.

 

I would ask all prospective claimants to READ and READ AGAIN and not take hearsay, old wives tales and barrack room lawyers' word for what they can or can't claim.

 

DLA Information: Disability Living Allowance : Directgov - Disabled people

 

Incapacity Benefit:

Incapacity Benefit : Directgov - Disabled people

 

 

 

I am sorry - but I was daft enough to listen to someone else about Benefits when I first had to pack in work due to ill-health. I was financially MUCH worse off than I am now because I didn't check it out.

 

If you think you qualify don't delay - Claim.

 

:)

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2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Good Luck Sandra.

 

:)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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Ooops! My sincerest apologies. I was indeed mixing up Incapacity with Disability Living Allowance. Thanks for the correction CAGisforME and apologies to Sandbag.

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Bollotom,

 

Apology accepted from me too. Please accept mine for jumping on you a bit (oo-er missus!) I'm afraid that this particular "baby" is a bit near the mark for me, having had to battle through their systems and at one point having a tribunal decision in my favour being appealed to the Commissioners in London.

 

I still won :D

 

But there are a lot of misconceptions out there - mostly by people who have never been in this position themselves and those of us who have no coice but to survive on disability benefits and the like get a bit chewed off when it's implied - yet again - that we are all a bunch of scroungers, or it's easy to get the benefits etc etc

 

Not implying that you said anything of the sort of course.

 

All friends now eh? :)

 

sandbag - Best of British with the old form filling. Please feel free to PM me if you feel the need, especially for help with the forms. :)

2007 Issues ALL RESOLVED

2008 Issues ALL RESOLVED

£4,200 in charges claimed back succesfully from a total of 5 Creditors

2009 Issues ALL RESOLVED

NEXT Directory - No Agreement, No Further Action **WON**

2010 Issues

Court Claim from Black Horse - AOS 22.11.10, CPR 23.11.10

Assisting Daughter with Employment Tribunal for Wrongful Dismissal/Discrimination

 

:) My Head is officially out of the Sand :)

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