Client has been in receipt of widows pension for last 10 years, she suffers with Meniere's Disease (have applied for DLA)and has been incapable of work for many years. Client is receiving Incapacity Benefit credits from 19 October 2004.

I am looking at claiming the Disability Premium on HB, I believe client would qualify after 52 weeks of getting Incapacity credits (client is not terminally ill and does not receive any other qualifying benefit).

However on reading the Incapacity condition for Income Support, it states that 'you don't have to be in receipt of IS during the 52 week qualifying period, so if you have already been incapable of work for 52 weeks before you claim, the disability premium will be included immediately'

I have spoken to client's Doctor and he has written a letter confirming that client has been incapable of work for at least 2 years. Basically I am trying to get the premium backdated to January 2005(which is when client went off full HB), however if client has to wait 52 weeks, it would only be October 2005.

Can anyone advise/help?

thanks sarah

If you consider you have been incapable of work for 364 days or more, but have not previously been certified or assessed as incapable of work, you should claim IB. You do not have to be awarded IB, you only have to show that you have been incapable of work. You should supply a medical certificate covering the whole period. This and other evidence of your incapacity can be accepted even though it relates to a past period. (R(IS)4/04)

Thanks to CPAG handbook.