Hi Folks

Strange case today that I could do with some help.

Client has Incapacity Benefit (£81+) reduced to £15 weekly due to his Occupational Pension over £85 weekly.

He also claimed Carers Allowance as his partner is disabled, but was refused due to him having entitlement to Incapacity at a higher rate than Carers (£44.35).

We could obviously stop his Incapacity and full Carers would then become payable.

Is this the only option available to us?

i'm not sure about this but you could try asking for a revision of the overlapping benefit decision that uses £81+ IB instead of the £15 IB he receives.
the overlapping benefit regs 1979 define personal benefit as any benefit, pension or allowance, which is not a dependency benefit and includes JSA (C) but not JSA (IB), and which is PAYABLE to any person
( my emphasis)

The adjustment to IB because of occupational or other pensions is headed in Part V of the Incapacity Benefit Regs 1994 as "Reduction or Abatement of Incapacity Benefit..." etc. I would take this as provisions affecting the payability of IB rather than entitlement to IB. The Overlapping Benefit regs as far as I can understand them (which isn't very far!) seem concerned with payability not entitlement, and since IB of £15 only is in payment, I think he should continue to receive that, plus carer allowance reduced by £15 under the overlapping benefit regs.

jj

Thanks JJ

We had the same thoughts.

Asked the client to contact Preston and get back if any problems.