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Top Incapacity related benefits topic #3260

Subject: "Does a client have to claim IB?" First topic | Last topic
frodo
                              

manager cab, south staffordshire cab
Member since
11th May 2007

Does a client have to claim IB?
Wed 17-Sep-08 02:03 PM

Hi all,

Just wondering; if a client is potentially eligible for IB does he have to claim or can he choose not to?

I ask because I saw some clients today who are both over 60. They cannot receive guarantee credit because their income is just above the applicable amount. Husband currently receiving SSP and will eventually have to claim IB (well, ESA) I guess when either his SSP runs out for this period or he leaves work/is dimissed on health grounds. If husband not working or in reciept of SSP/IB then clients are below their applicable amount and can receive some PGC and full CTB. They cannot access CTB otherwise as they have savings above the upper limit.

Any thoughts gratefully received as I am on my own at outreach and have no one else to bounce this off!

Thanks, Sarah

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Does a client have to claim IB?
Wed 17-Sep-08 07:42 PM

I periodically get worried about the relationship between IB and SPC, and particularly about whether someone who qualifies for IB would be deemed to have notional income if he failed to apply for it. However, getting IB (especially after expiry of SSP) is not automatic - you have to pass the PCA too and the test for SSP and PCA is quite different.

I would certainly advise someone who faield the PCA to apply for SPC rather than faff about with an appeal - the decision is binding unless appealed. Maybe, if it is dubious whether the PCA would be satisfied, you could argue that it can't be guaranteed that they would get IB adn so it doesn't fall within the scope of notional income.

  

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