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Top Incapacity related benefits topic #675

Subject: "IB and National Insurance credits" First topic | Last topic
Rachel Ellison
                              

Welfare Benefits Adviser/Legal Assistant, TMK Solicitors, Southend on Sea, Essex
Member since
24th Feb 2004

IB and National Insurance credits
Tue 22-Mar-05 09:16 AM

I have a client who is appealing a decision that he failed the Personal Capability Assessment (PCA). He claimed IB but did not satisfy the contribution conditions so was awarded IS with NI credits. After he failed the PCA he appealed and is now in receipt of IS at the reduced rate whilst the appeal is ongoing.
My approach is obviously to challenge the PCA decision, but I am confused as to the benefits of winning.
If he is successful, does it mean that he will get IS at a higher rate than normal IS and continue to be credited with NI credits?
However, if he can't ever satisfy the first contribution condition for IB (for this period) how will credits be of any benefit in the future?
Sorry, I don't come across this very often and can't find any text on it.
Many thanks for nay help you can give.

  

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Replies to this topic
RE: IB and National Insurance credits, stephenh, 22nd Mar 2005, #1
RE: IB and National Insurance credits, Rachel Ellison, 22nd Mar 2005, #2
      RE: IB and National Insurance credits, judithH, 23rd Mar 2005, #3

stephenh
                              

Welfare Benefits Worker, Arrowe Park Hospital CAB, Wirral, Merseyside
Member since
18th Feb 2005

RE: IB and National Insurance credits
Tue 22-Mar-05 10:56 AM

There are 4 main routes to being entitled to Income Support, ie a single parent, aged over 60 (pension credit), a carer (getting carers Allowance) and being incapable of work.
If you don't satisfy the contibution conditions for Incapacity Benefits you will get Incapacity credits which in turn will make you eligible for Income Support.
So if you win the appeal your client will be entitled to the Incapacity Credits from the date the decision was superceeded by the Decision Maker. This, in turn, will make your client entitled to Income Support for that period. The Rate of Income Support will depend on how long the period of sickness is for. After 12 months they will be entitled to a Disability Premium included in their Applicable Amount.
Shedule 2 para 12(1)(b) of the Income Support regulations.

  

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Rachel Ellison
                              

Welfare Benefits Adviser/Legal Assistant, TMK Solicitors, Southend on Sea, Essex
Member since
24th Feb 2004

RE: IB and National Insurance credits
Tue 22-Mar-05 11:39 AM

OK. Thank you very much.

  

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judithH
                              

Appeals Officer, Jobcentre Plus Norwich
Member since
02nd Feb 2004

RE: IB and National Insurance credits
Wed 23-Mar-05 06:52 AM

Also, credits will count towards his state retirement pension!

  

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