American Disability Benefits

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  • #22815
    Anonymous
    Guest

    We have a claimant who receives $1673.00 per month disability benefits from the US.

    The award notice is from Social Security Administration, Retirement, Survivors and Disability Insurance. I do not know the nature of the claimant’s disability. He is under 60 years of age, and receives long term Incap, DLA High Mobility and DLA Low care.

    We have only just found out he receives this and as a result he doesn’t qualify for HB/CTB back to July 05. The claimant insists we should not take this income into account and wants it to go to TAS.

    Can someone please tell me if we should be disregarding any of this income, and the relevant legislation?

    #9689
    Julian Hobson
    Participant

    Just been trying to look at the eligibility criteria for the disability benefits adminisered by that dept. Residence in the US isn’t clear but it would appear that this is a contribution based benefit/insurance. It is possible that it would be taken into account in full akin to a “pension” but I’m not sure. My gut feeling is that unless it is specifically excluded (can’t find anything in the regs) then it is included under reg 31 and 40.

    I would suggest that there is a possibility that he does not meet the eligibility criteria for the US benefit and that needs checking out. How about passing this to your investigation team ?

    #9690
    Anonymous
    Guest

    To reply to that – this case was originally referred to the Investigations team because of a possibility of excess capital. The claimant is originally from the US, and told us he had fought for years to get this benefit. It was finally awarded in July 2005, backdated to April 2001. If paid in full, the arrears would have been around £40,000, but the claimant only declared £15,000. The claimant was due for an IUC, which was subsequently cancelled when it became clear that the claimant no longer qualified for HB/CTB from July 05, based on income alone.

    #9691
    Julian Hobson
    Participant

    I know this isn’t based on any proper understanding of the Law(s) but it does seem strange that one can potentially move around the world collecting disability benefits without the receipt of one having an impact upon the receipt of another. Do INCAP know about this ? If so what is their take on it ? I would have thought that they (as an agency) will have much more understanding of the eligibility criteria.

    This leaflet talks about the receipt of both benefits at the same time and the effect of the receipt of US Disability Benefits on the amount of Incap. Looks like incap should be reduced.

    http://www.dwp.gov.uk/lifeevent/benefits/recip_health_pdfs/2005/sa33-oct05.pdf#search=%22Incapacity%20Benefit%20united%20states%22

    #9692
    Anonymous
    Guest

    The leaflet does state that a person can be in receipt of both long term UK IB and US Disability Pension, and that IB will be adjusted as a result. I think I will ask Investigations to talk to the IB people.

    In the meantime, I think we’re right in including both the IB and US disability in the HB calculation.

    #9693
    Kevin D
    Participant

    I agree Sue. Income is taken into account, irrespective of source, unless specifically disregarded. In addition, it is attributable to the period it is in respect of, as income.

    So, the income counts as income from 2001.

    Regards

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