I'm still smarting about Hinchy in the HoL, which has spoiled my day (I had a possible case where Carer's Allowance were notified but AA might not have been). So, to take my minds off things here's something I'm more sure of (I hope). Your duty as caring colleagues is to agree with me whole-heartedly.

Scenario: employed 17 year-old has car crash, bad head injury. Gets 28 weeks' SSP from employer, then form is filled in (SSP 1, I think) to claim Incap. This is treated as a standard NI based IB claim, because it follows a period of SSP. Standard IB no good - he's too young to qualify. Claims IS instead, with NI credits awarded.

I hear about this today, when he's a couple of weeks off his 20th birthday, still getting IS with Dis Prem only (middle rate DLA care, lives with parents). Long-term IBY is £22-odd per week better than IS. So, I rang JC+ Incap Section, to be told that his standard IB claim following end of SSP is NOT treated as a claim for IBY in the alternative and they don't issue an IBY form in such cases - "It's up to the claimant to make enquiries and lodge a claim on their own initiative."

I know this is wrong - I think there's a CD or two covering a claim for one benefit being treated as valid for another - and that's assuming that IB and IBY are in fact separate benefits in the first place, as opposed to different aspects of the same benefit. So, please, gimme da CDs !

I think, therefore, that there's still an unresolved claim to be determined, so there's no time limit on backdating involved. If I'm wrong (doubts creeping in) do you agree it's a compensation case?

Incidentally, to make you smile, the JC+ worker said that he couldn't have claimed IBY anyway because he wasn't (and isn't) in full-time education or training ! She got this completely the wrong way round - those conditions may PREVENT IBY, not help ensure it!

Jim

Incapacity Benefit is all one benefit- whether you qualify on the basis of NI contributions (under sec 30A(2)(a) of SSCBA) or on the basis of incapacity in youth (under sec 30A (2A)).

On the basis that it is all one benefit then in my view the question of "interchange of claims" under Reg 9 of claims and payments does not arise.

Reg 4 of Claims and Payments specifies that

"Every claim for benefit.... shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit for which the claim is made....."

Thanks, Martin. This sounds right to me. Also, I'm pleased to say, I spoke on the phone to a wiser head at JC+, who said pretty much what you're saying - the original claim was also an IBY claim and should have been treated as such. An IBY claim form has now been submitted (for insurance!), so we're awaiting the outcome. The wiser head said to address my covering letter to her, so I think they'll just pay up, recovering IS paid in lieu along the way.

Jim

Is the client better off on I.S. given ICB will be £92.50 (April rise included). This wil take him out of free prescriptions NHS costs etc.Will he be worse off in longterm.

Should still get free presecriptions using a HC1 on low income basis surely?

The lad has high care & mobility (DLA). He'll get free prescriptions on the ground of a continuing disability which prevents him leaving home without the help of another person. I'm glad you guys brought this up - I'd forgotten to warn his mum about losing automatic IS exemption!

As regards other 'perks' of being on IS, the difference between the new figures for IB(Y) £92.50 and IS £80.15 is £12.35 pw = £642.20 per year. This should outweigh perks, bearing in mind he lives with parents and his needs are lower than living independently. Eventually he may do this, but would then get the SDP and be back on IS again.

Jim