I have been on the sick for 12 months and recieve income support will i become eligable for incapacity benifit

Question

I have been on the sick for 12 months and recieve income support will i become eligable for incapacity benifit

Answer 1

I won't pretend to know this answer, but here is the information I have for you.  I hope this helps:

You may be able to claim Incapacity Benefit if any of the following apply to you:

    * your Statutory Sick Pay has ended, or you cannot get it

    * you are self employed or unemployed

    * you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you are incapable of work

    * you were under State Pension age when you became sick

You must also have been:

    * paying National Insurance Contributions

    * unable to work due to sickness or disability for at least four days in a row (including weekends and public holidays)

    * unable to work for two or more days out of seven consecutive days

    * getting special medical treatment

or you must:

    *

      be aged between 16 and 20 (or under 25 if you were in education or training at least three months immediately before turning 20)

    *

      have been too ill to work because of sickness or disability for at least 28 weeks

    *

      have been too ill to work before you turned 20 (or 25 if you were in education or training at least three months immediately before turning 20)

If you've been living or working abroad

Living or working abroad can affect your Incapacity Benefit claim. But you may be able to claim if you've either:

    * paid enough UK National Insurance Contributions (NICs) in the past (and the equivalent in certain other countries - ask your local Jobcentre Plus office for details)

    * worked abroad for an employer based in the UK and paid NICs for the first 52 weeks of that employment

    * Find your local Jobcentre Plus office (opens new window)

    * Incapacity Benefit in another EEA country - how to claim it (opens new window)

If you haven't paid enough National Insurance contributions

You may be able to claim Incapacity Benefit even if you haven't paid enough National Insurance contributions if:

    * you're aged under 20 (or 25 if you were in education or training at least three months immediately before turning 20), and

    * you've been sick for 28 weeks, and

    * you're present and resident in Great Britain for 26 weeks in the year before you claim

If you're in the Armed Forces or you live and work within the European Economic Area (EEA), you may still be treated as being resident in the UK.

How it works

Incapacity Benefit is paid at three weekly rates:

    * short-term (lower) IB is paid for the first 28 weeks

    * short-term (higher) IB is paid from weeks 29 to 52

    * long-term IB is paid from week 53

How much do you get?

Current weekly amounts

Weekly rate Amount Amount if you're over State Pension age

short-term (lower rate) £63.75 £81.10

short-term (higher rate) £75.40 £84.50

long-term basic rate £84.50 You're not eligible for long-term basic rate IB

You may be able to get an 'age addition' with your long-term Incapacity Benefit if you were under 45 when you became too ill or disabled to work.

You may be able to get extra benefit for your spouse or civil partner or the person who looks after your children.

How it's paid

Incapacity Benefit is paid into your bank, building society, Post Office or National Savings account - in other words, any account that accepts Direct Payment.

If you're registered blind or need someone who cares for you to collect your money, your payment can be sent by cheque to be cashed at the Post Office.

Personal Capability Assessment and medical examination

When you make a claim for Incapacity Benefit, you will usually have a Personal Capability Assessment. As part of this, a doctor may recommend that you attend a medical examination.

    * Incapacity Benefit - medical examination

Working while claiming Incapacity Benefit

If you receive Incapacity Benefit, you may be able to do some types of work - within limits. This is called Permitted Work. If you earn money while you get Incapacity Benefit, this could affect income-related benefits you receive, like Income Support, Housing Benefit or Council Tax Benefit.

    * 'Permitted Work' - working while claiming Incapacity Benefit

How to claim

You can claim Incapacity Benefit online or get a claim form by:

    * contacting your local Jobcentre Plus office

    * downloading the claim form from the Department for Work and Pensions website

    * Claim Incapacity Benefit online (opens new window)

    * Download Incapacity Benefit claim form (PDF document, 188K) (opens new window)

    * Help with PDF files

    * Find your local Jobcentre Plus office (opens new window)

What to do if your circumstances change

It's important to contact your local Jobcentre Plus office if your circumstances change - for example if:

    * you start work

    * you go into or come out of hospital

    * you enter or leave a care home

    * your spouse or civil partner goes into hospital (if you get extra money for them)

    * you go abroad temporarily or permanently (you may be entitled to some form of incapacity benefit overseas)

For more information please contact your local Jobcentre Plus office.

    * Find your local Jobcentre Plus office (opens new window)

How to appeal

If you're refused Incapacity Benefit or if you have questions about your payment, you can ask the office that dealt with your claim to look again at their decision. If you're still unhappy with the outcome, you can appeal.