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I feel a bit shame-faced at asking for help now after not having contributed to the board for ages. I plead pressure of work!
Scenario - widow, aged 58. Bereavement Allowance in payment since end of July 05. Late husband had been getting Incap for many years, including dependant's allowance for the lady. Following his death, she claimed HB & CTB in her own name (previous claim was in his name).
She told me she'd been sick herself since late December 03, receiving regular treatment from her GP. To get the Dis Prem from the outset of her HB/CTB claim, she needed med certs from July 04 and a decision accepting incapacity for work in consequence. She was asked to complete an IB claim form and, unsurprisingly, got a nil decision(insufficient NI conts), plus an award of NI credits from July 05, ie from a date immediately following her husband's death.
I rang and finally got hold of a DWP team leader. After discussion with colleagues she said that credits for the previous year could not be awarded because during that period her husband received dependant's benefit for her, so she could claim nothing for herself. I asked what would have happened if she'd claimed credits timeously in July 04. The DWP lady said they'd have stopped her husband's dependant's allowance. Now ...
1. Is that correct ? It sounds as though it is.
2. Even if the widow can't have credits for the period covered by dependant's benefit, why can't the DM still issue an IfW decision for the purposes of HB/CTB ? It doesn't have to link to IB or credits, does it ?
Any ideas? Please give chapter & verse if poss.
Jim
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