Terms & Conditions

[Jacqui Fowler]

Scenario
Partner claiming Income support and Incapacity benefit

Income support ends due to the claimant starting work. Partner continues to get Incapacity benefit . DWP letter to claimant says:

you have not satisfied the qualifying conditions for CTB and HB run on but you may get it if you contact the council. We are confused. We know that the partner has received IS for more than 26 weeks and tht his Incap continues are we correct in thinking that they do not qualify for extended payments or not. Read the regs and still confused.

Any help would be appreciated

Regards

😥 Jacqui

[Anonymous]

I’m presuming that HB / CTB will stop due to new income from wages.

In my (humble – yes very humble!!) opinion, if IS has stopped, and they have been getting IS continually for 6 months, and IS has stopped due to claimant or partner starting work, then EP should be awarded.
I think the continued award of ICB in this case is immeterial and a bit of a red herring, as all the conditions of Reg 72 and the schedules accompanying it seem to have been met. 8)

But I’m sure that there is another interpretation 😉

(As an aside it would be nice to know what the DWP reasoning is…… – never wrong are they?? 😯 )

[Jacqui Fowler]

Thanks for your reply. I am not sure if benefit will stop due to wifes earnings. She is only working part time. I posted this on bhelf of someone else.

I have read the regs again and I like you think the criteria is fulfilled, it became complicated because the person who claimed IS and Incap is not the HB/CTB claimant. I do not think this matters because HB eg 60 says a person (not the claimant)

THe DWP letter was confusng to say the least

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