Extended Payment – receiving ICB credits only

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  • #22963
    ljk
    Participant

    I am dealing with a query from a customer that feels that he is entitled to an extended payment as he meets the criteria. He has been receiving Incapacity Benefit credits only due to his wife’s earning’s for over 26 weeks. As far as I am aware under HB Regulation 73 (1) (b) (ii) he has to be entitled to and in receipt of Incapacity Benefit. I have taken the view that as he is not receiving a payment of Incapacity Benefit, he does not meet the criteria. Who is right the customer or me?

    #10369
    Kevin D
    Participant

    HBR 73(1)(b) only applies to movers.

    For non-movers, [b:219046698a]HBR 73(1)([u:219046698a]a[/u:219046698a])[/b:219046698a] applies. This then directs to [b:219046698a]HBR 78[/b:219046698a]. [b:219046698a]HBR 78(1)(a)[/b:219046698a] makes clear reference to “….entitled to and in receipt of….”.

    Therefore, I think your analysis is still correct. Entitlement is not sufficient on its own.

    Regards

    #10370
    Anonymous
    Guest

    I think you are correct.
    The legislation states that the person must have been “entitled to and in receipt of” Reg 73

    [quote:27448fc5c0]he had been entitled to and in receipt of severe disablement allowance, incapacity benefit or a combination of severe disablement allowance and incapacity benefit for a continuous period of at least 26 weeks;[/quote:27448fc5c0]

    Your claimant seems to fulfill one category but not the other, unless there is a CD saying that getting credits is the same as being in receipt of. 8)

    #10371
    ljk
    Participant

    Thanks. I will reply to customer quoting the right legislation!.

    #10372
    Anonymous
    Guest

    I cannot see how his wife’s earnings should stop him from getting IB. IB is restricted when the claimant receives a private pension above a certain amount, but I wasn’t aware that it could be suppressed by someone else’s income.

    There must be some other reason – insufficient contributions perhaps?

    But as others have already said, it does not seem that the extended payment conditions are satisfied.

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