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Thursday, 4 December 2008

Incapacity Benefit

If you can't work because of illness or disability you may be able to get Incapacity Benefit (IB), a weekly payment for people under State Pension age - currently 60 for women and 65 for men.

Employment and Support Allowance

Employment and Support Allowance (ESA) was introduced on 27 October 2008.

It replaced Incapacity Benefit and Income Support, paid because of an illness or disability, for new claimants only. If you already receive Incapacity Benefit, you will continue to receive it.

Who is eligible?

You may be able to claim Incapacity Benefit if any of the following apply to you:

  • your Statutory Sick Pay has ended, or you can't get it
  • you are self employed or unemployed
  • you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you are incapable of work
  • you were under State Pension age when you became sick

You must also have been:

  •  paying National Insurance Contributions
  •  unable to work due to sickness or disability for at least four days in a row (including weekends and public holidays)
  • getting special medical treatment and unable to work for two or more days out of seven consecutive days

or you must:

  • be aged between 16 and 20 (or under 25 if you were in education or training at least three months immediately before turning 20), and
  • have been too ill to work because of sickness or disability for at least 28 weeks, and
  • have been too ill to work before you turned 20 (or 25 if you were in education or training at least three months immediately before turning 20)

If you've been living or working abroad

Living or working abroad can affect your Incapacity Benefit claim. But you may be able to claim if you've either:

  • paid enough UK National Insurance Contributions (NICs) in the relevant income tax years (and the equivalent in certain other countries - ask your local Jobcentre Plus office for details)
  • worked abroad for an employer based in the UK and paid NICs for the first 52 weeks of that employment

If you haven't paid enough National Insurance contributions

You may be able to claim Incapacity Benefit even if you haven't paid enough National Insurance contributions if the following apply:

  • you're aged under 20 (or 25 if you were in education or training at least three months immediately before turning 20)
  • you've been sick for 28 weeks
  • you're present and resident in Great Britain for 26 weeks in the year before you claim

If you're in the Armed Forces or you live and work within the European Economic Area (EEA), you may still be treated as being resident in the UK.

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)

£63.75  

£81.10
short-term (higher rate) £75.40 £84.50

long-term basic rate  

£84.50

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 if 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.

How it's paid

Incapacity Benefit is paid into your bank, building society, Post Office® or National Savings account that accepts Direct Payment.

If you're registered blind or need someone who cares for you to collect your money, your payment can be sent by cheque and cashed at the Post Office®.

Personal Capability Assessment and medical examination

When you make a claim for Incapacity Benefit you'll usually have a Personal Capability Assessment.

As part of this, a doctor may recommend that you attend a medical examination.

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 income-related benefits you receive, like Income Support, Housing Benefit or Council Tax Benefit.

How to claim

You can claim Incapacity Benefit by doing one of the following:

  • call 0800 055 6688 (8.00 am to 6.00 pm Monday to Friday). A textphone service is available if you have a speech or hearing impairment 0800 023 4888.
  • claim online
  • download the claim form

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 start work
  • you enter or leave hospital 
  • your partner or civil partner goes into hospital (if you get extra money for them)
  • you go abroad temporarily or permanently (you may be entitled to some form of incapacity benefit overseas)

For more information, you can contact your local Jobcentre Plus office.

How to appeal

If you're refused Incapacity Benefit or have questions about your payment, you can ask the office that dealt with your claim to look again at their decision.

If you're still unhappy with the outcome, you can appeal.

Tax credits and other support from government

You may be able to get Child Tax Credit or Working Tax Credit if you're responsible for at least one child or on a low income.

You can order a claim pack over the phone by calling one of the helplines.

If you live in England, Scotland or Wales call 0845 300 3900 or textphone 0845 300 3909.

If you live in Northern Ireland call 0845 603 2000, textphone 0845 607 6078.

Lines are open every day from 8.00 am to 8.00 pm.

Or you can pick up a claim pack from your nearest HMRC Enquiry Centre or Jobcentre Plus office.

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