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confused over advice

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12 years 10 months ago #57348 by belmont
confused over advice was created by belmont
As I am 62 I thought it would be better if I claimed pension credit rather than incapacity benefit I get at the moment. I went to CAB for advice and they said I shouldn't cancel my IB because when IB is cancelled the job centre plus sends a form to the DLA that could result in my DLA being reviewed. I can't believe this because my DLA was only renewed 9 mths ago and my psychiatrist sent a letter saying my DLA was essential. Has any1 else got the same advice. I'm now confused and worried.

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12 years 10 months ago #57355 by Chris_63
Replied by Chris_63 on topic Re:confused over advice
Hi belmont

You do not say in your post if you are male or female - which would make a difference to your qualifying age for pension credit.

Your IB will stop when you reach pensionable age and then you can claim the state pension together with the pension credit if you qualify - that is my understanding, but I may be incorrect.

I also beleive that any disability premiums you recevie as a result of your DLA award for care will be added to the "minimum appropriate guarantee" element of the pension credit.

Remember the Pension Credit is means tested on income.

Hope this helps

Chris

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12 years 10 months ago #57356 by Gordon
Replied by Gordon on topic Re:confused over advice
Belmont

I am not aware of this happening with IB, but we do have members who, having failed in their application for ESA, have had their DLA claims reviewed as well.

Were the CAB able to confirm that you would be better off on Tax Credits or staying on IB?

Obviously, at some time in the next three years you will be transferred to ESA, unless you reach State Retirement Age before April 2014, there can be advantages for staying on IB rather than claiming ESA dependant on your circumstances.

Gordon

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

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12 years 10 months ago #57357 by Callisto
Replied by Callisto on topic Re:confused over advice
I guess that they might look at it again as they may assume the reason for you stopping your IB claim is because you have made a degree of recovery. Then of course you will be involved in the lengthy battle of proving otherwise. I believe it is standard procedure because in some cases this might well be the case and DLA would be paid when someone is no longer unwell or needs the help. Quite a few people might well make the mistake of thinking that they just need to inform the IB office, so I guess they make sure that DLA are aware of changes.
I dont have any experience of pension credit and I cant speak for the others but do remember that you are in fact entitled to DLA even if you work and still meet the criteria laid down. Maybe an organisation in your town might be better placed to advise you as the CAB are good but not always best placed to answer specific problems.
Maybe you could contact the DLA unit and explain that you wish to claim pension credit but that you still meet the criteria for DLA with support from your caregivers? But to be honest I think your decision needs some carefull advice before you do anything as you do not want to needlessly put your DLA at risk just because you want to change benefits. I am not quite sure why you want to change benefits and other,s on here will probably know more than I do. Is there not an age limit for IB anyway?
Good luck
Callisto x

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12 years 10 months ago #57375 by belmont
Replied by belmont on topic Re:confused over advice
Sorry for not giving members enough information. As I am a male aged 62 I am entitled to pension credit which is more than my incapacity benefit. My illness has not changed in anyway at all. I also have no capital. The CAB said anyone who stops their IB for any reason could face having their DLA reviewed. Advice urgent. Thank you.

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12 years 10 months ago #57379 by Chris_63
Replied by Chris_63 on topic Re:confused over advice
Hi there belmont

Are you in receipt of any disability related premiums and as a result getting Income support.

Maybe I am mistaken but I have read that Incapacity benefit stops when you reach state pensionable age, and only then are you able to claim pension credits. Please correct me if I am incorrect here.

With regard to DLA there is always a possibility that the DWP may review your DLA should you stop claiming IB. This may stay the same, but as with all things DWP you cannot rule these things out.

I am not sure this helps, but I am an concerned that unless you are drawing a state pension you are not entitled to claim pension credits - I may be wrong but please check before you act on your IB claim.

Cheers

Chris

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