Negative adjustments for Incapacity Benefit

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    We have add a few instances where our customers are having adjustments made on their ICB, they have negative adjustments taken from their income. We know that normally we should take the full amount but under certain circs we should remove some or all of the adjustments. Is therea general rule on which we take off and which we leave in for housing benefit income.


    Kevin D

    For Incap, the following rule of thumb applies:

    If Incap is reduced due to the recovery of an overpayment, the GROSS amount is taken into account.

    If Incap is reduced due to an overlapping income (e.g. SRP, private pension), the amount taken into account is the amount of Incap actually being paid.



    There are Regs 34 and 40 (HB Regs) and Schedule 5 (1) that allow for tax to be disregarded from any income (wages, IB Occ Pens etc.) Also you can allow for reductions in IB due to Occ Pensions being in payment.

    If the deduction from IB is for (i) repaying OP’s (any benefit including HB) or (ii) repaying SF loans then you use the gross amount of IB payable even it is not what the claimant receives.

    Hope this helps.

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