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TOPIC: incapacity benefit

incapacity benefit 8 years 5 months ago #33515

  • maz
Just got a letter yesterday suspending my IB without the right to appeal apparently ! Retired on ill health and occupational pension taken early 10 years ago. Have MS! Still only 55! Have 2 dependent children. Have phoned DWP and a processor will ring me today Anyone else had a similar problem or can offer some advice please ? Surely this cannot be correct Have always declared my OP. Isn't MS an exempt condition ?

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Re:incapacity benefit 8 years 5 months ago #33516

Hi maz,

Your IB cannot be stopped without a right to appeal.

MS is an exempt condition, but depending on its severity.

There's not a lot we can say until you manage to get some details about why your payments have been stopped.

Get back to us when you have more info. But in the meantime it would definitely be worth trying to find a source of welfare benefits advice in your area as we can only offer general information.

Good luck,

Steve

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

Re:incapacity benefit 8 years 5 months ago #33583

  • maz
Thanks Steve but have been waiting all day for a callback form a processor have rung back 3 times and each time no call back so will update you when I finally get to speak to someone who can answer my query

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Re:incapacity benefit 8 years 5 months ago #33584

  • maz
Have just had a call finally from processor who says that since my occupational pension was more than the IB allowance I do not now qualify. Fruther to this it seems this was always the case since I claimed in September 2002. I always declared my OP. She was also talking about paying back monies I had received although I did state that as this was their error they would find it hard to do this.
What do you think then and where do I stand now ? I am completely flabbergasted!

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Re:incapacity benefit 8 years 5 months ago #33604

If the DWP were informed about your occupational pension from the outset in relation to your IB claim, any resulting alleged overpayment is an official error and repayment of the monies overpaid can be invited, but not demanded as recoverable.

The DWP are currently attempting to be able to use the common law to recover sums overpaid, whether or not it was caused by official error in addition to the statutory provisions, and the case in question was heard before the Supreme Court on 25 October 2010 as a consequence of a High Court decision being overturned by the Court of Appeal.

Judgement is currently awaited.

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

Re:incapacity benefit 8 years 5 months ago #33611

  • RachelPotter
Hi Crazydiamond, please can you let us know the results of the judgement when it comes through?

Would really appreciate it as I have a friend in a simillar position.

Many thanks,
Rachel

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