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11 December 2009
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You are in : BENEFITS

Working and claiming Incapacity Benefit

On Your Behalf Professor Eileen Evason meets John - a man who’s on incapacity, but would love to do a few hours work a week! Will Eileen have good news for John?


If you have a benefits query e mail On Your Behalf – CLICK HERE

Or like John, who has a query about Incapacity benefit why not put pen to paper and write a letter to Eileen Evason! On Your Behalf, BBc Ormeau Avenue, Belfast BT2 8HQ

Professor Eileen Evason says

Persons in receipt of incapacity benefit are awarded this as they are deemed to be incapable of work. Sometimes, however, those on this benefit may feel that they could do some work although they are nowhere near being ready, or able, to return to normal, full time employment. Where people are thinking of doing, say, a few hours a week they need to be very careful for two reasons. First, any work that is done will have to be reported to the Social Security Agency and, on foot of this, the Agency might feel that it would be appropriate to re-assess entitlement to incapacity benefit. Secondly, the rules governing when work is permitted are complex and people need to make sure they know about- and stay within- these.


Put briefly, there are four main situations where work may be permitted.


a) You can work and remain entitled to benefit provided you earn less than £20 (net) a week. Even though this will involve very few hours of employment, such work must still be reported to the Social Security Agency.


b) Additionally, you can work and keep your benefit provided you do not earn more than £81 a week and the work that you do is part of a medically supervised programme.


c) Thirdly, you can work and keep your benefit for up to 26 weeks (this can be extended) provided that you do not earn more than £81 a week, work for under 16 hours a week and the work is part of a strategy to help to get you back into full time employment.


d) Finally, people in supported employment, for example sheltered workshops, can work and keep their benefit provided that they do not earn more than £81 a week.

People on incapacity benefit who are starting to think about getting back to work should also be aware of the way in which Working Tax Credit may be relevant to them. Working Tax Credit is a mean-tested benefit for those in full time employment. It does, however, have features designed to encourage people with disability back into work. Thus, persons with a disability which puts them at a disadvantage when seeking work get extra help if they are able to secure employment. Also, for such persons full -time work means 16 hours a week or more.


Clearly people should seek advice- many are unaware of how complicated the rules are. It’s a good idea to talk all of this over with your local CAB or independent advice centre.


RELATED LINKS

Social Security Agency
Changes For Incapacity

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