If you couldnt work because of illness or disability before 31 January 2011, you may be receiving Incapacity Benefit. Since 31 January 2011 no new Incapacity Benefit claims have been accepted. You should claim Employment and Support Allowance instead.
Changes to benefits if you are ill or disabled
From the 31st January 2011 people can no longer make new claims for Incapacity Benefit. You should claim Employment and Support Allowance instead.
Changes for people already claiming incapacity benefits
Your claim will be reviewed if you are getting one of the following benefits:
- Incapacity Benefit
- Income Support paid because of an illness or disability
- Severe Disablement Allowance
Jobcentre Plus will write to you when your benefit claim is going to be reviewed. Not everyone will be contacted at the same time. This started in October 2010 and is expected to be completed in 2014.
Until your claim is reviewed you will continue to get your current benefit, as long as you still meet the conditions for that benefit.
This change will not affect you if you:
- claim Employment and Support Allowance already
- are due to reach State Pension age before 6 April 2014
- are already over State Pension age and get Severe Disablement Allowance
Use the following link to find out more about how your claim will be reviewed.
How it works
Incapacity Benefit is paid at three weekly rates:
- short-term (lower) IB is paid for the first 28 weeks
- short-term (higher) IB is paid from weeks 29 to 52
- long-term IB is paid from week 53
How much do you get?
Current weekly amounts
|Weekly rate||Amount||Amount if you’re over State Pension age|
|short-term (lower rate)||
|short-term (higher rate)||88.55||99.15|
long-term basic rate
You’re not eligible for long-term basic rate IB
You may be able to get extra benefit – an ‘age addition’ – with your long-term Incapacity Benefit. You may be able to get thisif you were under 45 when you became too ill or disabled to work.
You may be able to get extra benefit for your partner, civil partner or the person who looks after your children.
Pension income rules
If you have a gross pension income of more than 85 a week, the amount of benefit will be reduced by half of the excess.
The excess is the difference between 85 and the actual pension income. For example, for a pension income of 100, the excess is 15. The amount of Incapacity Benefit payable is reduced by half of that, which is 7.50.
This rule does not apply if:
- you were in receipt of Incapacity Benefit before 6 April 2001
- your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
- you receive the highest rate of the care component of Disability Living Allowance
How is Incapacity Benefit paid
All benefits, pensions and allowances are paid into an account. This is the safest, most convenient and efficient method of payment.
Working while claiming Incapacity Benefit – ‘Permitted Work’
If you’re getting Incapacity Benefit you may be able to do some types of work – within limits. This is called ‘Permitted Work’. But if you get Incapacity Benefit and a wage, this could affect any income-related benefits you receive, like:
- Income Support
- Housing Benefit
- Council Tax Benefit
What to do if your circumstances change
It’s important you contact your local Jobcentre Plus office if your circumstances change – for example if:
- you do any work including voluntary work
- you start training and get a training allowance
- you change your address
- you have been in hospital for 52 weeks and part of your benefit is paid for another adult or child
- you go abroad
For more information, contact your local Jobcentre Plus office.
How to appeal
You can ask the office that dealt with your claim to look at their benefit decision againif:
- your claim for Incapacity Benefit is refused
- you have questions about your payment
If you’re still unhappy with the outcome, you can appeal.
Tax credits and other support
You may be able to get Child Tax Credit if you’re responsible for at least one child. If you’re working, and on a low income, you may be able to get Working Tax Credit.
You can order a claim pack over the phone by calling the Tax Credit Helpline.