Can the benefits agency stop a claim when a form is late for Incapacity Benefit?

Question

My other half was already claiming incapacity benefit for 4 months. He had to fill in a further detailed form and didn't get it in in time and they completely stopped his claim. They sent him an appeal form which he filled in about a month ago. They owe him money for two months at least and then suddenly told him that as it had gone to appeal, it could take up to a further two months to get any money from them, including all back money. They advised him to claim JSA. He was expecting to receive back money and just got told that. Can they do this?

Answer 1

No they cant but they will drag it on and delay payment every time you miss dates for anything. always best and quickest to go in and sort it out face to face.

Answer 2

This is the very reason I have an advocate. I don't fill in the form(s) and send it (them) off, he does it for me (just asking me to sign it and/or for any info he might need).

He deals with the BA so I don't have to. He's a wonderful bloke and I can't thank him enough. I'd not have my claim now if it wasn't for him, because my mental illness means that I cannot deal with the forms without screaming!

The question is: - How late was he? A week, no they shouldn't; any more than that and they might have had just cause.  

Answer 3

no they don't have to give him peanuts, its not his money really its the tax payers, getting benefits back dated is like winning money its not like getting a tax rebate, he hasn't earned it.

Answer 4

Yes, thats quite normal. I can't say I feel sorry for you, as they do give you sufficient time to response (around a month or so), so it's not like you weren't given enough time to get your response in. Another thing I'd like to point out is, nobody owes you anything - I don't like it when people talk about benefit money as if it belongs to them and that it's a god given right to receive it.

Answer 5

Yes, surely you have realised by now that any government department can do pretty much what they like.

In your other half's case, normally where they require more detailed information on a claim they will warn you that existing benefits may be suspended if the details are not furnished in the required time. If he did not comply he has really brought this inconvenience down upon himself.

Answer 6

Yes they can.

He should have filled the form in on time.