Incapacity Benefit Review Due

Hi,

Just because you've received an IB50 to complete, it doesn't mean your IB will be stopped. If your medical condition (s) haven't improved or worsened, then your IB should continue until the day before you reach 65. If you've paid sufficient N.I. contributions or N.I. credits which are credited to those on IB, your State Pension starts on your 65th birthday.

Your DLA shouldn't be affected, as DLA is paid to those with care and/or mobility needs, whilst IB is paid to those unfit to work. If your mobility needs haven't changed your DLA HRM won't be affected and continues to be paid after you reach State Pension age.

Hope this of some assurance.

Best wishes.

Jim

Jima1 wrote:

Hi,

Just because you've received an IB50 to complete, it doesn't mean your IB will be stopped. If your medical condition (s) haven't improved or worsened, then your IB should continue until the day before you reach 65. If you've paid sufficient N.I. contributions or N.I. credits which are credited to those on IB, your State Pension starts on your 65th birthday.

Your DLA shouldn't be affected, as DLA is paid to those with care and/or mobility needs, whilst IB is paid to those unfit to work. If your mobility needs haven't changed your DLA HRM won't be affected and continues to be paid after you reach State Pension age.

Hope this of some assurance.

Best wishes.

Jim

Without causing to much anxiety to the OP, there was a case recently in this forum where a member's DLA was terminated from the date of an unsuccessful ESA tribunal hearing, on the basis of an ESA medical assessment which removed entitlement.

In my view, as I indicated at the time, this practice is wrong due to the different qualifying criteria for ESA and DLA, which is defined as in the above response. I was of the opinion that it was wrong, because I was informed by a Social Security Commissioner (as they were then), that IB and DLA were indeed two entirely separate benefits/allowances, and that IB medical reports were "of little probative value" for the purposes of DLA claims/appeals.

Although there seems to be a varying degree of opinion between Upper Tribunal Judges (previously SS Commissioners) as to the cross-reference of medical reports, I would still have serious doubts as to whether a disallowance decision based on an ESA medical assessment for that allowance, could equally be used to terminate a DLA award?

I think the member was considering appealing the DLA award termination, but it would be interesting to hear the outcome of any appeal tribunal hearing, given the fact the result of an ESA tribunal was used to decide the termination of a DLA award. This in my opinion is perverse and is certainly open to appeal.

Thanks Jim,my fears have been fueled by the horror stories about ATOS medicals.