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Old Incapacity Benefit Question
- Capyboppy
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2 years 9 months ago #269674 by Capyboppy
Old Incapacity Benefit Question was created by Capyboppy
A long time ago, I used to be on Incapacity Benefit; I think but am not sure if this is now classed as a legacy benefit. When both myself and hubby's health deteriorated, hubby would claim the married man's allowance on any Benefits he received; i.e.; Income Support, then moving to State Pension and Pension Credit. Since those early days I have had no Benefit of my own other than when I eventually was granted after 3 attempts the old DLA and now PIP. Hubby also received a disability premium for himself on his Benefit. He is my carer too.
What I would like to know, is if he should die before me, where would I stand? I am 8 years younger at 64 so have around 3 years to go before being eligible for my own pension. Would I claim a Benefit based on Hubby's State Pension/Pension Credit? Or would I have to go on Universal Credit and go through the horrendous waiting of weeks before I could pay bills etc? I did phone up the DWP/Pensions Dept, but they were a bit vague on what would happen, so I am not convinced of what the outcome would be. Hopefully I won't have to worry about this for a long time, but I just wanted to be prepared. Of course I could go first!
What I would like to know, is if he should die before me, where would I stand? I am 8 years younger at 64 so have around 3 years to go before being eligible for my own pension. Would I claim a Benefit based on Hubby's State Pension/Pension Credit? Or would I have to go on Universal Credit and go through the horrendous waiting of weeks before I could pay bills etc? I did phone up the DWP/Pensions Dept, but they were a bit vague on what would happen, so I am not convinced of what the outcome would be. Hopefully I won't have to worry about this for a long time, but I just wanted to be prepared. Of course I could go first!
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- BIS
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2 years 9 months ago #269676 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Old Incapacity Benefit Question
Hi Capyboppy
I'm sorry but your question is outside the scope of this forum. You need to speak to a specialist welfare advisor who could look at all issues surrounding this matter. Use the link below to find one in your area.
advicelocal.uk/
BIS
I'm sorry but your question is outside the scope of this forum. You need to speak to a specialist welfare advisor who could look at all issues surrounding this matter. Use the link below to find one in your area.
advicelocal.uk/
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gary
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2 years 9 months ago #269681 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Old Incapacity Benefit Question
Hi Capyboppy
Incapacity benefit claimants had their claim transferred to ESA on 27th October 2008.
You would have to claim UC as pension credit would be in your husbands name. Any benefits in your husbands name would close, you would have to apply for benefits in your own name, as you will not be able to claim any legacy benefits, you will have no option if you need to apply for benefits but to apply for UC. When you apply for UC you will need to give your workcoach a 'fit note' to start the assessment phase.
As BIS has advised you in an earlier post, you do need to seek advice from your local Welfare Rights Organisation who can take all your circumstances into consideration when giving you your options.
Does your husband claim a disability benefit such as middle care DLA/ daily living PIP/ AA? If he does then he should get a SDP premium with his PC claim. I frequently come across claimants who have this component missing . A WRO should be able to check that you are both getting all your entitlements.
Gary
Incapacity benefit claimants had their claim transferred to ESA on 27th October 2008.
You would have to claim UC as pension credit would be in your husbands name. Any benefits in your husbands name would close, you would have to apply for benefits in your own name, as you will not be able to claim any legacy benefits, you will have no option if you need to apply for benefits but to apply for UC. When you apply for UC you will need to give your workcoach a 'fit note' to start the assessment phase.
As BIS has advised you in an earlier post, you do need to seek advice from your local Welfare Rights Organisation who can take all your circumstances into consideration when giving you your options.
Does your husband claim a disability benefit such as middle care DLA/ daily living PIP/ AA? If he does then he should get a SDP premium with his PC claim. I frequently come across claimants who have this component missing . A WRO should be able to check that you are both getting all your entitlements.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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