Incapacity Benefit Suspended

Hi all,

May I pick your Brains if possible.
I have been on IB for 5+ years with Psoriatic Arthritis.
2 years ago i did permitted work for 1 year, from Nov 08 to Nov 09 and made sure I only worked the Hours allowed and earned the money I was allowed to and confirmed all this with Incapacity benefit adviser at Jobcentre.
To my Surprise on 10th Dec 2010 I received a letter saying that my IB Had been suspended from 9th December because of work I had undertaken since 2008. When I called them they said that National Insurance had flagged up that I had earned too much in that period. It has now been nearly 9 weeks since i was suspended and have had no money in that period. Every time I call they tell me it's still with the Decision Maker.
What Can I do, is this legal ?

Kenny McCubbin

I don't know anything about legal matters but it certainly sounds like you have been treated as 'guilty until proven innocent' with massive financial consequences for you.

Surely if they thought there was a problem they should have contacted you to confirm your 'permitted work status' and your employer to check the amount you had been paid, NI contributions etc prior to considering any other action.

To stop your current IB when you are no longer even undertaking the permitted work seems outrageous - have you thought about contacting your MP for support?

Best wishes

Hi

I have already quoted all this to them, that in Britain we are Innocents until proven Guilty, but they dont care. I cant appeal against it until I have had a decision, which they dont seem to be in such a great hurry to provide.
Its really stressing me out and all they keep telling me is that the Decision maker is still looking at it. When I asked how long they have,legally, to make a decision, I was told, As long as it Takes.
CAB office arent much help either and I dont really know what to do next.

Hi Kenny

What have you been living off over the last 10 weeks - do you have a partner/family/savings?

I can only suggest you go to your MP - especially if the CAB are unable to help.

Has Benefit and Work come across this sort of situation before?

Best wishes

My wife works 20 hours a week and we have had to really cut back on food,gas,electricity,etc
When I told them that this was causing me financial hardship,they suggested that
I apply for a crisis loan,but why should I,I have,as far as I am aware,did nothing
Wrong.
I was just curious if anyone else had ever come across this and what they did

Thanks again,kenny

Hi Kenny, Have you spoke to the Incap/Ben advisor who helped you arrange the permitted work? Perhaps He?She could or should assisst you. Best Wishes