Disablement Benefit awarded from Ireland

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  • #38044
    sarah19725
    Participant

    Hi,

    We have had a claim where the customer has declared he is in reciept of Disablement Benefit from Ireland. He originally applied for Industrial Injuries in the Uk but he was turned down as his ilness was the result of something which happened in Ireland so he was awarded Disablement Benefit under the Occupational Injuries Scheme from the Irish government

    As such we have decided that his Disablement Benefit is not disregarded as income and should be used as income in the calculation of his claim.

    The customer has disagreed with this and has now appealed. He claims as it is a ‘disability benefit’ it should be disregarded. We can find no such disregard which should apply to this income.

    Has anyone else come accross this income type before and how did you treat it?

    Thanks in advance

    #107136
    Kay_Tade
    Participant

    Unless it comes under HBR sch 5 paragraphs 6 to 9:

    6. Any disability living allowance.
    7. Any concessionary payment made to compensate for the non-payment of—
    (a) any payment specified in paragraph 6 or 9;
    (b) income support;
    (c) an income-based jobseeker´s allowance.
    (d) an income-related employment and support allowance. SI 2008/1082
    8. Any mobility supplement under article article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 or any payment intended to compensate for the non-payment of such a supplement. SI 2008/3157
    9. Any attendance allowance.

    then I guess it’s just treated as unearned income. I think you need to clarify what “Disablement Benefit under the Occupational Injuries Scheme from the Irish government” is first.

    #107143
    nickkeogh
    Participant

    It’s the Irish equivalent of Industrial Injuries Benefit. It can include a component for attendance though so I think you might need a breakdown to see exactly what should or shouldn’t be used as income.

    http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/disability_and_illness/disablement_benefit.html

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