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Top Disability related benefits topic #198

Subject: "Sickness Benefit" First topic | Last topic
shawh
                              

Welfare Rights Officer, Halton Borough Council
Member since
29th Jan 2004

Sickness Benefit
Wed 10-Mar-04 10:41 AM

I am currently dealing with a guy that has a number of problems, the most recent is, Incapacity benefit have stopped his money, he apparently has not been entitled to claim Incap since 1999, but they continued to pay him until 23/02/04. He has now made a new claim for sickness benefit, but they are refusing to include the Disability Premium, they are treating this as a new claim and have said he has to wait 12 months, is this correct?

I feel this is totally unfair and i am in the process of writing to them (i have rung and got nowhere), I have a sicknote from his GP, on it he has written "This continues his claim which started in 1999", can i use this as a backdated sicknote, or am i best obtaining another from the GP?

I would be grateful for any guidance or information that i could use to help my client.

  

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Replies to this topic
RE: Sickness Benefit, carol, 10th Mar 2004, #1
RE: Sickness Benefit, shawh, 10th Mar 2004, #2
      RE: Sickness Benefit, VictoriaJ, 10th Mar 2004, #3
           RE: Sickness Benefit, ruth, 10th Mar 2004, #4
           RE: Sickness Benefit, shawh, 11th Mar 2004, #5
                RE: Sickness Benefit, Steve, 11th Mar 2004, #6
                RE: Sickness Benefit, VictoriaJ, 11th Mar 2004, #7
RE: Sickness Benefit, andy pennington, 11th Mar 2004, #8
RE: Sickness Benefit, shawh, 12th Mar 2004, #9

carol
                              

Welfare Rights Unit, Cardiff County Council
Member since
23rd Jan 2004

RE: Sickness Benefit
Wed 10-Mar-04 11:00 AM

Why has he not been entitled to Incapacity Benefit since 1999? How did this come to light?
Carol

  

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shawh
                              

Welfare Rights Officer, Halton Borough Council
Member since
29th Jan 2004

RE: Sickness Benefit
Wed 10-Mar-04 11:13 AM

They are reluctant to explain this to me, on speaking to them over the phone I get the impression they dont really know themselves. I am going to ring again, but I dont hold out much hope of getting to the bottom of this. I havent a clue how it was highlighted.

  

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VictoriaJ
                              

Generalist Adviser, Holborn Citizens Advice Bureau (Camden - London)
Member since
18th Feb 2004

RE: Sickness Benefit
Wed 10-Mar-04 11:45 AM

Wow - this seems familar.
We have a client whose underlying ICB stopped in 2000, IS not informed until 2003. Client unaware. No opportunity to reapply or provide medical evidence.
IS should not be seeking to recover the overpayment as it is a clear administrative overpayment.
We had our client make his new application, with a sicknote backdated 12 months. ICB again awarded from June 2003. Theyv'e just accepted he passed the PCA.
We have been told the backdate is successful. While ICB can only be backdated for a limited time, they have backdated for the year for disability premium only - no money or NI contributions.
This seems like a complete sucess for the client, but IS do not appear to have been informed of the backdate. Hopefully this will be awarded (and backdated) any time soon. Still have our fingers crossed though.
Failing that there is always the possibility of ex-gratia payments.
And how often is this happening ???

  

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ruth
                              

Volunteer adviser, Corby Citizens Advice Bureau
Member since
20th Jan 2004

RE: Sickness Benefit
Wed 10-Mar-04 06:23 PM

How often is this happening? Probably frequently.
We have a client who received IS with disability premium for back injury for some time. In March 2003 he decided, against GP's advice, that he was fit for work, but pursuaded the GP to sign him fit. IS were informed accordingly. Client then started work, but actually completed only two half days before realising there was no way he could work. However IS continued to be paid, with DP, until Dec 2003, when client received a letter telling him that he was not entitled to IS from July 2003. (Don't ask me why July.) Client never bothered to tell DWP that he was no longer working; understandable since they were still paying him. When he eventually reclaimed IS he had lost his DP. Client has appealed the decision. Any advice as to suitable arguments/CDs gratefully received.

  

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shawh
                              

Welfare Rights Officer, Halton Borough Council
Member since
29th Jan 2004

RE: Sickness Benefit
Thu 11-Mar-04 07:21 AM

Thanks Victoria, your comments have given me a little bit more direction with this case. I will obtain a further sicknote from his GP for 12 months, write them a well worded letter requesting a backdate of the DP. Thanks again

  

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Steve
                              

Welfare Rights Officer, Welfare Rights Service, Hull. HU4 6DL
Member since
23rd Jan 2004

RE: Sickness Benefit
Thu 11-Mar-04 07:57 AM

It might be worth a trip back to the GP for a MED 5. This is essentially a backdated medical certificate and should lead to the disability premium being awarded - if the GP backdates the certificate far enough.

  

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VictoriaJ
                              

Generalist Adviser, Holborn Citizens Advice Bureau (Camden - London)
Member since
18th Feb 2004

RE: Sickness Benefit
Thu 11-Mar-04 02:50 PM

Income Support just phoned to confirm that the Premium is being put back on his benefit. Order book is being recalled and a full backdate to the day of the new ICB/IS claim will be given.
So it is definitely possible.
Good luck.

  

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andy pennington
                              

welfare benefits coordinator, south london & maudsley nhs trust
Member since
23rd Jan 2004

RE: Sickness Benefit
Thu 11-Mar-04 03:38 PM

Hi Shawh, we get these scenarios too, following on steves point about getting a med 5 sick note it would be well worth it if you can or client can convince the GP to backdate it from the relevant date in 1999 when presumably your clients sick note ran out.
The other issue that sprang to mind is that you mentioned incapacity benefit payments stopped 23/02/04 so it might be worth looking at the options with your client whether to appeal the decision to close the incapacity benefit claim eg often our clients are so unwell with mental health issues and traumatised by the DWP bureaucracy they are completely oblivous as to what's happened to their claim until the payments stop and we have then found out from the DWP what has actually happened and then been able to advise our client to what's actually happened and very often that is the first point when they become aware of why the benefit has stopped.Are there any mental health issues you can argue on his behalf.

  

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shawh
                              

Welfare Rights Officer, Halton Borough Council
Member since
29th Jan 2004

RE: Sickness Benefit
Fri 12-Mar-04 09:17 AM

Hi Andy, thanks for the info, I have contacted his GP who is very helpful, I am awaiting a backdated sick note from him. I do hold a sick note on which the GP has written "This continues his claim which started in 1999" I will submit this also.

My client does have problems both physically and mentally, he will not see anyone regarding his mental health state and as you know the department seem only to take notice of those who are under a CPN and taking medication. My clients condition is extremely poor and his communication is limited, this would go in his favour and I will be mention as much as I can in the supporting letter. Fingers crossed.

  

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Top Disability related benefits topic #198First topic | Last topic