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Forum Home  →  Discussion  →  Disability benefits  →  Thread

IIDB and means tested benefits

PaulOC
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Aspire Housing, North Staffordshire

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Total Posts: 5

Joined: 28 March 2012

We have a client who would be better off if he wasn’t in receipt of IIDB. The difference is approx £2 per week greater than if on MT benefits but the passported benefits and eligibility for things like the Warm Home Discount means he’s worse off.

I’m assuming that you can’t cancel an IIDB claim to get MT benefits to replace it? Anybody got a different view or had success with this?

Thanks

ClairemHodgson
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Solicitor, SC Law, Harrow

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thinking longer term

1. his IIDB can’t be affected by anyone deciding he’s fit for work or some other horror that people are regularly afflicted with on ESA etc

2.  if he did say he didn’t want his IIDB anymore, wouldn’t he then be taken to have deprived himself of something for the purposes of receiving/increasing benefit, and thus be assumed to still have his IIDB?

2. on retirement he’d get a change of benefit to ... oops, forgot what’s it’s called but something continues at a lesser rate

you don’t say whether he’s ever going to be fit to go back to work of some sort, but if he were, and then had some other workplace accident, he could do a new IIDB claim which would top up what he has now

so on balance i think it wouldn’t be a wise thing to do…...

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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You would be thinking REA/Retirement Allowance?

I’ve had this scenario before. My advice to the client was that he had the option to challenge the amount of his IIDB. There are three outcomes.

1 - his IIDB stays the same.
2 - his IIDB increases and he’s better off. He may be better off by more than the drop to means-tested benefits. He may not.
3 - his IIDB decreases or is removed. He chooses not to challenge; can’t be done for deprivation, and, gets to claim means-tested benefits at least until some well meaning buffoon comes along and says ” you should be on IIDB” (Sorry, I’ve had that happen).

ClairemHodgson
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Solicitor, SC Law, Harrow

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that was it - couldn’t for the life of me remember!

PaulOC
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Aspire Housing, North Staffordshire

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Joined: 28 March 2012

Many thanks Claire and Mike. After speaking to his support worker if anything his conditions have worsened. On (C)ESA in SG and Enhanced both for PIP so everything else maxed out. Will be running options past him but suspect his decision will be to not rock the boat (which will protect us from Buffoonery claims if he proceeds with IIDB challenge and it goes belly up!). Thanks again.
Paul