Benefit advice needed

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madashell
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Joined: 19-06-06
Dec 11 2007 16:44
Benefit advice needed

A mate of mine has been having some trouble with the dole. He's broken his arm in a bike accident and has seven sicknotes from five different doctors stating that it wouldn't be safe for him to go back to work (he's a care assistant), he can't claim sick pay as he hasn't been working there long enough, so he's had to quit his job.

After waiting two months to hear back about his application for IB, they told him that he didn't have enough NI contributions, so he's applied for income support, he's recieved nothing for the period while he was waiting to hear back about IB, during which he had no income whatsoever, and he's been indirectly accused of exagerating his injury and pretending to be incapable of working by Jobcentre staff earlier today. Is there any way he can claim incapacity benefit? Or at least get some income support back pay for the two months they left him waiting?

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Bob Savage
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Joined: 15-01-07
Dec 11 2007 17:14

I was on incapacity benefit this year. It was REALLY frustrating trying to get it done. He needs to make sure he has all those sicknotes 'cos they will give you backpay, covering that time.

But I had to phone up separately for an income support application and an incapacity benefit one. I couldn't get income support but I still had to fill it out so I could get incapacity. It's really ridiculous and confusing, it's probably best if he rings them up and hopes to get someone who knows what they're on about (few do, mind).

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SW
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Joined: 2-04-07
Dec 12 2007 09:39

In principle, it is possible to get income support backdated by up to three months. However, the way the law is written, your circumstances have to fall within one of a limited number of categories before you can get a case off the ground. A lot is going to depend on exactly why your friend initially claimed incapacity benefit rather than income support. If he put his circumstances to the DWP and they indicated that incapacity benefit was the benefit for him to try for, he may well have a strong case for backdating. If it was advice from his employer that led him up the garden path, there may also be some hope; but this is trickier because the legislation requires the advice to be about a person's income or capital and to be in writing.

The relevant legislation can be found here. Scroll down to regulation 19. Sub-paragraphs (4) and (5) constitute one backdating mechanism. Sub-paragraphs (6) and (7) are a second route; however, this one only provides for a maximum of one month's backdating. I would just say that there is a lot of case law about all these provisions. Some of the regulations are broader than they may seem at first glance.

If you can tell me more about your friend's case (either here or by way of PM), I can give some more specific advice. I can point him towards any relevant case law that may assist him.