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Top Incapacity related benefits topic #3128

Subject: "Incap ben or Pension Credit ?" First topic | Last topic
ramsfan
                              

Welfare Benefits Advisor, Carrick Housing -on beha, Carrick Housing, Truro, Cornwall
Member since
15th Jul 2005

Incap ben or Pension Credit ?
Fri 08-Aug-08 03:07 PM

Hi
I have a client aged 62 -currently in receipt of SSP and PC (GC). He has been advised that his entitlement to SSP has now ceased after 28 weeks. Jobcentre have advised him to claim Incap Benefit. I have advised him this will be topped up with Pension Credit to £124.05 per week. He is not sure if he is going to return to work or if his employment will be terminated.
If he loses his job is there any benefit in continuing to claim Incap Ben as he will have to have a medical at some stage, where as I presume he wil have the same income through Pension Credit only. Is he expected to claim IB as a contributions based benefit whilst he is entitled based on sick notes?
Also does IB cease once State Pension kicks in ?
Finally -will the award of IB be notified automatically to the Pension Service or is that too much to expect from the DWP ?

Thanks
Alan

  

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Replies to this topic
RE: Incap ben or Pension Credit ?, johnwilson, 13th Aug 2008, #1
RE: Incap ben or Pension Credit ?, ariadne2, 13th Aug 2008, #2
      RE: Incap ben or Pension Credit ?, Ruth_T, 13th Aug 2008, #3

johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

RE: Incap ben or Pension Credit ?
Wed 13-Aug-08 01:45 PM

While he is still employed (but sick) and has paid enough contributions to receive IB, then he should claim IB, and advise the pension centre of this. Don't rely on the IB notifying the Pension Service, it is the claimant's responsibility to report ALL changes. If he does not claim IB even though he has entitlement to it then PC could assume it as a notional income which is available to him if claimed.

IB at the short term rate only can continue beyond state pension age, but as you are aware this rate is only payable for the first year of incapacity, so it is not really relevant to your case because he is only 62.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Incap ben or Pension Credit ?
Wed 13-Aug-08 05:49 PM

I often wonder whether, if a man who is eligible on income grounds for pension credit fails the PCA, it is easier and better to tell him to accept it and just claim PC rather than challenge the IB decision. That surely couldn't cause any notional income issues to arise, as the benefit is not there for the asking.

  

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Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: Incap ben or Pension Credit ?
Wed 13-Aug-08 07:15 PM

Ariadne, I've wondered the same thing. I have a client in similar circumstances who having failed a PCA is now claiming JSA(IB) pending the outcome of his incapacity appeal. The slight difference is that it his wife, rather than the client, who is entitled to claim PC.

  

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Top Incapacity related benefits topic #3128First topic | Last topic