Notes IB Y Claim pack for Incapacity Benefit under

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Notes IB Y Claim pack for Incapacity Benefit under Powered By Docstoc
					Notes IB(Y)1–04/2006
                       Claim pack for Incapacity Benefit
                       under the Incapacity in Youth rules
                       What is Incapacity Benefit for young people?
                       Incapacity Benefit is available for young people who
                       l have been incapacitated early in life, and
                       l are unable to work because of illness or disability, and
                       l have not paid enough National Insurance (NI) contributions to
                        be able to get Incapacity Benefit under the normal rules.
                       You may need to attend a Work-focused Interview with a personal adviser.
                       If you do not attend without good reason your benefit may be affected.

                       Who can get Incapacity Benefit?
                       If you are aged 16 or over but under 20
                       You may be able to get Incapacity Benefit under the Incapacity in Youth rules if
                       l you are aged 16 or over but under 20 and not in full-time education
                       l you have been unable to work for at least 196 days in a continuous period. One
                        of these days must be before your 20th birthday
                       l you have a medical certificate from your doctor for the whole period. Medical
                          certificates are also called sick notes, doctor’s notes or doctor’s statements.
                       We use full-time education to mean non-advanced education of 21 hours or more a
                       week. Full-time can include part-time if you are unable to attend a full-time course
                       because of your illness or disability.
                       When we calculate the number of hours, we do not count any time spent on
                       education that would not be suitable for people of the same age and sex, who do
                       not suffer from a physical or mental disability.
                       If you are 19 we do not treat you as being in full-time education even if you are.
                       If you are aged 20 or over but under 25
                       You may also be able to get Incapacity Benefit under the Incapacity in Youth rules if
                       l you were registered on a course of full-time advanced or secondary education, or
                         on a vocational or work-based training course, which began at least 3 months
                         before your 20th birthday.
                       l you must have attended one or more such courses in the term immediately after
                         registration and before the 197th day.
                       l you have been unable to work for at least 196 days in a continuous period. One
                         of these days must be before your 25th birthday.
                       We use advanced education to mean a course which prepares you for a degree, a
                       higher education diploma, a higher national diploma, a higher national diploma of
                       the Business and Technician Education Council, or the Scottish Vocational Education
                       Council; a teaching qualification, or a course above ordinary national diploma level.
                       We use secondary education to mean a full-time course of education below
                       advanced education level.
                       We use vocational training to mean a course for people with a mental or physical
                       disability.
                       Work-based training is vocational training held on your employer’s premises.


                                  Website: www.dsdni.gov.uk
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    Who can get Incapacity Benefit? – continued
    If you are aged 25 or over
    You may be able to get Incapacity Benefit under the Incapacity
    in Youth rules if you
    l have had Incapacity Benefit before,
    l left Incapacity Benefit to do paid work or training,
    l have not paid enough NI contributions to be able to get Incapacity
      Benefit under the normal rules,
    You may also get Incapacity Benefit under the Incapacity in
    Youth rules if in the last tax year
    l you were getting Disabled Person’s Tax Credit in the last tax year, or
    l you are paid Working Tax Credit or Child Tax Credit at a higher rate
      than the family element, or
    l you made your claim within 56 days of leaving work or training.
    You cannot get Incapacity Benefit if you stopped getting it because
    your Personal Capability Assessment showed you did not reach the
    threshold of incapacity necessary to qualify for benefit or National
    Insurance (NI) credits.
    Returning from abroad
    If you were getting Incapacity Benefit and it stopped because you went
    abroad, you may be able to get it again if
    l you are unable to work from the day you return from abroad
    l you go through a new qualifying period, see When to claim on page 3
    l you satisfy the residence and presence conditions from the day your
     Incapacity Benefit is due to start. We count this as the 197th day. For
     more information about these conditions, see Where you live below
    l you were getting Incapacity Benefit at any time in the last tax year
     before the benefit year at the start of your new qualifying period. A
     benefit year runs from the first Sunday in January.
    You must claim within 196 days from the day you return from abroad.
    You cannot get Incapacity Benefit if you stopped getting it because
    your Personal Capability Assessment showed you did not reach the
    threshold of incapacity necessary to qualify for benefit or National
    Insurance (NI) credits.
    For more detailed information about Incapacity Benefit, get leaflet IB1
    A guide to Incapacity Benefit.

    Where you live
    To get Incapacity Benefit under the Incapacity Benefit in Youth rules,
    you must
    l normally live in Northern Ireland or Great Britain (GB)
    l be in Northern Ireland or GB when you claim and
    l have lived in Northern Ireland, Great Britain (Great Britain is England,
     Scotland and Wales) or the Isle of Man for at least 26 weeks in the
     year before your claim.




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Who you can claim extra Incapacity Benefit for
Claiming extra Incapacity Benefit for an adult
If you have any children or young persons living with you, you may be able to get
extra Incapacity Benefit for
l your spouse,
l your civil partner, or
l someone who looks after your children or young persons for you.
We use child to mean a person aged under 16 for whom Child Benefit is being paid.
We use young person to mean a person aged 16 to 19 for whom Child Benefit is
being paid.

How to claim
Please fill in the claim form IB(Y)1 that comes with this pack.
Please use a pen only when completing the form, and initial and date any changes
you make.
Make sure you read the rest of these notes.
They will help you to make your claim.

Signing the form for someone else
The claim form should only be signed by someone else if
l the person who is making the claim is not mentally able to act on
  their own behalf, and
l someone is willing to act on their behalf in all social security matters,
  including telling us about any change in their circumstances and
  collecting monies for them. Someone accepted by the Department to
  act on someone’s behalf is known as the appointee.
Someone who is physically disabled but mentally able will not normally need
someone to act for them.
If someone applies to act on someone else’s behalf we will
l decide whether the person needs someone to act on their behalf for all social
   security matters, and
l explain the responsibilities that person would be taking on
l any benefit due will not be paid until the process is complete.
If someone has power of attorney or any legal authority to act on behalf of the
person making the claim, then that person should sign the claim form and enclose
a copy of the authority with the claim form. The copy must be certified and signed
by a solicitor as a true copy.

When to claim
These notes will help you to decide the date you should claim Incapacity Benefit
from.
If your illness or disability began more than 28 weeks before your 16th birthday,
the earliest you can claim Incapacity Benefit from is your 16th birthday,
otherwise
the earliest you can claim from is 28 weeks after the date you became unable to
work because of your illness or disability. This 28-week period is known as your
qualifying period.
Count forwards 28 weeks (197 days) from and including the date you became
unable to work to give you the date you should claim from.
Do not delay sending in your claim form. If you wait you could lose money. Please
note that benefit cannot be paid for a period more than 3 months before the date
we receive your claim.
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    Other help
    Disability Living Allowance
    This is a social security benefit for people with an illness or disability who need
    l help with getting around, or
    l help with personal care, or
    l help with both of these.
    If you want to find out more about this, get leaflet DLA 705 Disability Living
    Allowance – you could benefit, from any Social Security or Jobs & Benefits office.

    Industrial Injuries Disablement Benefit
    This is a social security benefit for people who are disabled because of
    l an accident at work, or
    l an industrial disease.
    If you want to find out more about this, get leaflet SD7 Disabled because of an accident
    at work? Or leaflet SD6 ill or disabled because of a disease or deafness caused by work?
    from any Social Security or Jobs & Benefits office.
    Working Tax Credit
    This is a tax credit to top up the earnings of working people. You can claim Working Tax
    Credit if:
    l you are aged 16 or over; and
    l you work at least 16 hours a week; and
    l you or your partner are responsible for a child or young
       person; or
    l you have a disability which puts you at a disadvantage in
       getting a job; or
    l you or your partner are aged 50 or more and are returning to
       work after a spell on qualifying out of work benefits.
    We use partner to mean
    l a person you are married to or a person you live with as if you
      are married to them, or
    l a civil partner or a person you live with as if you are civil partners.
    If you do not have children, young persons or a disability that puts you at a disadvantage
    in getting a job, you can also claim Working Tax Credit if
    l you are aged 25 or over; and
    l work at least 30 hours a week.
    Working Tax Credit is available to self-employed people and employees.
    If you want to know more about Working Tax Credit contact HM Revenue & Customs on
    the numbers listed below.
    Child Tax Credit
    You cannot claim an increase for children or young persons but can claim Child Tax
    Credit instead.
    To find out more about Child Tax Credit visit: www.hmrc.gov.uk/taxcredits
    You can claim online too.
    You can also ring HM Revenue & Customs by calling the Helpline on 0845 603 2000.
    People with hearing or speech difficulties can dial
    the Textphone number 0845 607 6078.
    Lines are open 8am–8pm seven days a week
    (except Christmas Day, Boxing Day, New Year’s Day and Easter Sunday).
    Income Support
    You may be able to get Income Support if you cannot get Incapacity Benefit, or if your
    Incapacity Benefit does not give you enough money to live on. If you think you may be
    able to get Income Support, you should claim straight away because Income Support will
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s   Other help – continued
    only be payable from the date your Income Support claim is received by your Social
    Security or Jobs & Benefits office. Contact your Social Security or Jobs & Benefits
    office straight away for a claim form or you can complete the tear-off at the back
    of the claim form.
    Jobseeker’s Allowance
    This is a social security benefit for people who are unemployed and looking for
    work.

    Health Service (HS)
    You may be able to get help with paying for things like Health Service
    prescriptions and Health Service dental treatment and optical treatment, help
    towards travel to and from hospital for Health Service treatment and help towards
    the cost of visiting a close relative in prison. Ask your local Social Security or Jobs &
    Benefits office for leaflet HC11 Are you entitled to help with Health costs? and
    claim form HC1.

    Housing Benefit
    Housing Benefit is paid to help with the cost of rent and/or rates for the place
    where you live. It is administered by the Northern Ireland Housing Executive for all
    tenants and by the Rate Collection Agency for owner occupiers. Housing Benefit is
    not paid to help with the cost of mortgage interest payments.
    You can find out more about these benefits from your Social Security or Jobs &
    Benefits office.

    Making payments to you
    We normally pay benefit directly into an account. This is the safest way to pay you
    and lets you choose how and when you get your money. You can use a bank,
    building society or other account provider. Most accounts allow you to make
    savings on some of your bills by paying them by Direct Debit. You may be able to
    use a cash machine, which will usually mean you can get your money at any time
    of the day or night. Most of these machines can be used for free, but some of
    them may charge you to take your money out. If so, you will be warned by a
    message on the screen. This will give you the opportunity to cancel your
    transaction without being charged. There are arrangements with some banks and
    building societies to let you collect cash from many of their accounts over the
    counter at post offices.

    How your money is worked out
    Pension income
    We will look to see if you have a pension income.
    We use pension income to mean money you have coming in from one of the
    following pensions
    l occupational pension
    l personal pension
    l public service pension
    l stakeholder pension
    l a pension from a self-employed pension scheme
    l permanent health insurance payments arranged by an employer where the
      contract of employment has ended
    l pension protection fund payments due to employer insolvency.
    Your pension will be managed by a pension provider. This is usually an
    organisation like a former employer or insurance company.
                                                                                                5
    How your money is worked out – continued
    If you have a pension income before tax of over £85.00 a week, your Incapacity
    Benefit and any Incapacity Benefit you are claiming for anyone else, will decrease.
    If you decide to claim a pension after you have completed this form you MUST inform
    Incapacity Benefits Branch.

    Incapacity Benefit can be paid at three different rates under the Incapacity in Youth
    rules.
    Short-term Incapacity benefit at the lower rate
    Paid if you have been sick for more than 28 weeks.

    Short-term Incapacity benefit at the higher rate
    Paid if you have been sick for more than 56 weeks.

    Long-term Incapacity Benefit
    Paid if you have been sick for over 80 weeks.
    If you are entitled to Incapacity Benefit for less than seven days, the amount you get
    for each day will be the weekly amount divided by seven.
    If part of your pension is paid to your ex-spouse or ex-civil partner under an
    ear-marking order, only the part that is payable to you counts as pension income. An
    ear-marking order is where a Court has decided, under the Matrimonial Causes
    (Northern Ireland) Order 1978, that your pension provider must pay part of your
    pension to an ex-spouse or ex-civil partner.
    If part of your pension has been transferred to your ex-spouse or ex-civil partner
    under a pension sharing order, the amount that has been transferred does not count
    as pension income. A pension sharing order is where part of your occupational
    pension is transferred to an ex-spouse or ex-civil partner. This is usually a one-off
    payment and is transferred to them at the time of divorce or dissolution of civil
    partnership.

    Where to get help and advice
    For information about your claim
    Get in touch with
    Incapacity Benefits Branch
    Castle Court
    Royal Avenue
    Belfast
    BT1 1SB.
    Telephone Number: 028 9033 6000

    Help and advice
    It is Agency policy to provide you with all of the information, advice and help to
    complete any social security benefit claim form. Please feel free to contact your
    nearest Social Security or Jobs & Benefits office, Community Benefit Office or the
    Benefit Shop, Royal Avenue, Belfast.
    If you would like further information about disability benefits, you can also contact
    the Benefit Enquiry Line. The telephone number is 0800 220 674.
    However, if you do not want to make use of our services, you may be able to get help
    from a friend, relative or an Advice Centre.
    You can also find out more about the Social Security Agency’s benefits and services at
    www.dsdni.gov.uk
                                    Produced for SSA(NI) by CDS 24287/NI07953/04/06

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