Hi everyone

I hope someone more knowledgeable about disability benefits than me can shed some light here! I am working with a Romanian family who were granted ILR under the family amnesty. The father has a degenerative condition similar to muscular dystrophy and cannot work at all. He receives IS and his wife has been awarded the lower rate of Carer's Allowance but his application for Incapacity Benefit was rejected on the grounds that he has not made sufficient NI contributions.

Since he would only have actually come into the tax,NI and benefits system earlier this year when they received their ILR this seems very unfair. Is this correct and is there anything else he could/should be claiming for instead?

Any advice gratefully received!

Lauren

Firstly, Incapacity Benefit is a contribution-based benefit, and, to put it simply, if you haven't paid enough NI contributions then you can't get Incapacity Benefit - end of story.

Secondly, if his wife gets Carer's Allowance then presumably he's been awarded at least the Middle Rate Care Component of Disability Living Allowance. You say that she's been awarded "the lower rate of Carer's Allowance" - there's no such thing - Carer's Allowance is paid at a basic rate plus, if you apply, additions for an adult dependent and child dependents.

Thirdly, it may be the case that even if he was to qualify for Incapacity Benefit, he would still need this topped up by Income Support (it depends on his age etc). If that's the case, then the fact that he can't get Incapacity Benefit is irrelevant - his weekly income would be the same either way.

You could try maximising his income by going for the Mobility Component of DLA if that's not in payment.

To be paid Incap Ben, you need to have the required No of Nat Ins contributions creditted to you in the relanevnt years - no matter what nationality you are.
If a claimant hasn't got the required No, then they can claim I/S in place of, and if they have dependents, as in this case, the amount they end up with will be the same.
However, when you refer to the wife getting low rate Carer's allowance, you lost me .... there is only one rate of Carers allownace, so I assume you me she has an award of Disabilty Living Allowance low rate Care: if so, then there should also be a disability premium apyable with the I/S.

With the Husband's medical condition, is it at the point where he might qualify for DLA as well?