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Incapacity Benefit to Attendance Allowance

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10 years 3 weeks ago - 10 years 3 weeks ago #119512 by Mel B
Hello

I have just arrived into the UK from the Isle of Man where I have been granted IB until my 65 th birthday in December this year. The islands DSC have been informed of my move and are processing the move over to the UK DSS. Am I correct in thinking that at 65 my IB will automatically stop and I have to apply and fill in a new form for AA and therefore jump thro hoops all over again??

Many thanks in advance for advice.

Mel B
Last edit: 10 years 3 weeks ago by Gordon.

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10 years 3 weeks ago - 10 years 3 weeks ago #119513 by Gordon
Replied by Gordon on topic Incapacity Benefit to Attendance Allowance
Mel

There are circumstances where you can continue to receive IB after you reach State Pension Age, you would need to check with the DWP to see whether you qualify.

Technically, now that you are in the UK, you meet the requirements to have your IB transferred to ESA, it may be that the DWP will not add you to the "list", but I can't guarantee that, the current delays in the assessment system may also contribute to this.

Attendance Allowance and IB are separate benefits paid for different reasons, AA is akin to DLA and is awarded because a claimant has Care needs and can only be claimed after the age of 65. Any claim for AA would be a new claim which would require you to complete a detailed application form and likely attend an assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 3 weeks ago by Gordon.
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10 years 3 weeks ago - 10 years 3 weeks ago #119518 by Mel B
Replied by Mel B on topic Incapacity Benefit to Attendance Allowance
Hi Gordon

As I am 8 months away from retirement do you resonably think they would place me on the list.

I know as you said there is no quarantee but what would your gut feeling be on this? what would they gain by doing so. Would my IB stop when placed on list ?

Cheers

Mel B
Last edit: 10 years 3 weeks ago by Gordon.

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10 years 3 weeks ago #119520 by Gordon
Replied by Gordon on topic Incapacity Benefit to Attendance Allowance

Mel B wrote: Hi Gordon

As I am 8 months away from retirement do you resonably think they would place me on the list.

I know as you said there is no quarantee but what would your gut feeling be on this? what would they gain by doing so. Would my IB stop when placed on list ?

Cheers

Mel B


You meet the requirements defined in the relevant legislation so I can't see why they would not put you on the list, but that does not mean that you will actually be transferred, but even if they do, your IB remains in payment until a new Decision is made and given that claimants are currently waiting upwards of nine months for a face to face assessment it would seem unlikely that a Decision would be made before you retire.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 3 weeks ago - 10 years 3 weeks ago #119526 by Mel B
Replied by Mel B on topic Incapacity Benefit to Attendance Allowance
thanks Gordon for that quick reply excellent , that puts my mind at rest cheers .

You mentioned about special circumstances wereby IB can be paid after retirement is there a link or will it have to be contact the DWP?
Last edit: 10 years 3 weeks ago by Gordon.

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10 years 3 weeks ago #119528 by Gordon
Replied by Gordon on topic Incapacity Benefit to Attendance Allowance

Mel B wrote: thanks Gordon for that quick reply excellent , that puts my mind at rest cheers .

You mentioned about special circumstances wereby IB can be paid after retirement is there a link or will it have to be contact the DWP?


I think it would be easier for you to contact the DWP, there have been no new claims for IB since 2008, so the information available on the internet is difficult to find and may be out of date now, although the basic IB legislation has not been updated, much of that which surrounds it has.

From what I can remember you can continue to receive IB and defer your pension, if it is a financial decision then I would recommend that you get face to face advice, do an internet search for "welfare advice" with your new postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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