Incapacity Benefit Linking rules - concerned

Hi chills
When JCP told you in 2010 that the IB linking rules no longer applied they were quite plainly wrong.
You should have gone back the same benefit, paid at the same rate as you were on before -- and you should have been accepted as being incapable of work for 13 weeks. It would then be up to JCP to arrange a personal capability assessment medical sometime after that.

I do think you should get advice about making an appeal, because you have lost a substantial amount of money over those first 13 weeks.

The last time I contacted JCP to query unpaid 'cold weather payments' , they advised me to phone Atos to make an appointment for medical! My response was that I would wait until I was invited. Surprise, surprise, a white envelope dropped through my letterbox the very next morning with a date for my PCW assessment! Worried sick, as I feel that by enquiring, I have inadvertently directed the spotlight on myself! I am not in a good place emotionally, right now, to fight for my rights....but I hear you. They must not deny me what I am entitled to. I will get a letter together after I've been through the grilling ....

RNIB wrote:

Hi chills
What happened to you sounds wrong -- you should have been able to reclaim IB under the linking rules in september 2010.
As we've been discussing on this thread, the IB linking rules are due to end from 31 Jan this year, so no one will be able to make use of their protected 104 week link from February onwards, but until that date your 104 linking week promise should still hold good.

You should contact JCP and try to get some sort of explanation of their decision to make you claim ESA instead. Did you have any periods of sickness during the time you were working? You don't get statutory sick pay during your 104 week linking period, but you should get IB straight away for any period of sickness. So it is possible to 'use up' your protected 13 weeks in that way.

If that didn't happen in your case something sounds very wrong and you should appeal. Even if it's more than a month since their decision they should allow you to make a late appeal - especially as this looks like it may be an official error. Get local advice.

- further on the failure of the ESA conversion regulations to provide for an IB linking period from February, this was raised at DWP oral questions on monday 10/1

www.publications.parliament.uk/pa/cm2010...01.htm#1101109000499

Alban

If you check this hansard debate, I can see 2 occasions where Parliament has been misinformed by the replies given:

Ian Paisley (North Antrim) (DUP): The Minister will be aware that the employment and support allowance has largely superseded incapacity benefit. In week 11, the claimant is assessed by a medical board. What plans does the Minister have to involve a claimant's GP in future assessments, so that we can ensure that they are more accurate, as opposed to being a snapshot at week 11?


10 Jan 2011 : Column 8

Maria Miller: I can assure the hon. Gentleman that the decision maker will have access to all the medical records of any individual involved in that sort of process.

We all know this doesn't happen and is why there are so many succesful appeals.


Secondly,
3. Mrs Siân C. James (Swansea East) (Lab): What sanctions will be applied to jobseeker's allowance claimants who fail to find work within the period set by his Department. [32644]

The Secretary of State for Work and Pensions (Mr Iain Duncan Smith): There is no time limit on entitlement to income-based jobseeker's allowance. I remind the hon. Lady that the conditions that pertain to withdrawal of benefit are that individuals must be available for work and seeking work, and they have to sign up to an agreement. If they continually refuse to do any of that, that is when the sanctions come in.

He therefore has failed to mention that 10% reduction in Housing Benefit will apply to everyone who has failed to get a job within one year. This is an obvious omision given the questioner was asking what sanctions would apply.

IM ON INCAPACITY BENEFIT AND NEVER WORKED DUE TO mentall ilnesses,autism,epilepsy and severe depression how would these changes affect me,im not trying to hijack your post i just need some info plz

mike1983 wrote:

IM ON INCAPACITY BENEFIT AND NEVER WORKED DUE TO mentall ilnesses,autism,epilepsy and severe depression how would these changes affect me,im not trying to hijack your post i just need some info plz

I thought I saw this or a post like it in another thread ? they would expect the drugs to be the way to try and sort out the fits and 15% of people with autisum do work so they might try and work out if you could work ? I am not sure what work and I doubt they have any idea too everyones different I doubt everyone with your problem could work and even some stuff published by the DWP says so too, but you can bet they will try IMO