Incapacity Benefit
What is it?
Incapacity Benefit gives people of working age a replacement income when they cannot work or look for work because of ill health or a disability.
If you are still employed you should normally be paid Statutory Sick Pay before Incapacity Benefit.
From October 2008, Incapacity Benefit will be replaced by Employment Support Allowance for new claims. People who are already on Incapacity Benefit will continue to receive Incapacity Benefit.
Do I qualify?
Incapacity Benefit is not affected by any savings you have, and is not affected by most types of income, except certain pension payments.
You may qualify for Incapacity Benefit if:
- You are treated as being incapable of work. Initially this is through a valid sick note from your doctor, but you will then be assessed by a doctor on behalf of the Department for Work and Pensions
- You must have been paid, or been credited with sufficient national insurance contributions; or
- Became incapable of work in youth (usually under the age of 20, and in certain cases under the age of 25)
- You are below pension age (you can claim short term Incapacity Benefit up to five years after pension age in certain circumstances).
If you are treated as being incapable of work, but do not meet the national insurance conditions, you may be able to claim Income Support if your income is low enough. If you are claiming Income Support on the grounds of incapacity for work, the following sections on How do I apply? and What if I am not satisfied with the decision? will apply to you.
For an easy way to find out which benefits might apply to you and your circumstances go to What can I claim?
The Benefits Maximisation Service can provide personal advice on what you may be entitled to and help you make a claim. For more information go to Benefits Maximisation Service.
How much is it?
Incapacity Benefit is paid at three rates, depending on how long you have qualified for the benefit.
Short term lower rate = £63.75 per week
This is paid for the first 28 weeks of entitlement, but only if you do not qualify for Statutory Sick Pay during this period.
Short term higher rate = £75.40 per week
This is paid after 28 weeks of entitlement.
Long term rate = £84.50 per week
Age related addition - under 35 = £17.75 per week
Age related addition - 35-44 = £8.90 per week
This is paid after 52 weeks of entitlement.
You can also claim additional amounts for dependents.
How do I apply?
If you are still employed you may qualify for Statutory Sick Pay. You cannot receive Incapacity Benefit while you are receiving Statutory Sick Pay.
To claim Incapacity Benefit
- Contact your local Job Centre; OR
- Download the claim form on line at Apply for Incapacity Benefit (form SC1) : Directgov - Do it online; OR
- Apply online at Apply for Incapacity Benefit (form SC1) : Directgov - Do it online
You will need to submit a sick note from your doctor.
After 196 days of incapacity for work, or from the start of your claim if you were not employed at the start of your claim, your incapacity will fall under the Personal Capability Assessment. In most cases you will be sent a questionnaire which you must complete and return to the DWP. The questionnaire asks you about your ability to carry out certain basic activities such as walking, sitting, bending and kneeling, and to describe any mental health problems that you have. You may then be asked to attend a medical examination.
The DWP will then decide whether you are still incapable of work, based on your capability to do any kind of work, with appropriate training.
For more information about completing the questionnaire and the medical examination, view the Personal Capability Assessment and the Medical Examination pages.
For more information on the criteria against which you will be assessed, view the Physical Disability Test and the Mental Disability Test.
What if I am not satisfied with the decision?
If you are found capable of work your claim to Incapacity Benefit (or Income Support if you do not have enough national insurance contributions) will end. You can appeal against the decision and ask your case to be heard by an independent tribunal. This usually has to be on a form called a GL24, which is available from any DWP office. You can also ask the DWP to post one to you.
It is very important that you reply within one month of the date of the letter giving your decision, as you may not be able to challenge the decision otherwise.
Our Benefit Maximisation Service can help you with appeals.
While you are appealing a decision you cannot claim Incapacity Benefit (or full Income Support if you do not have enough national insurance contributions). You can sign on and claim Job Seekers Allowance if your income is low enough. This does not prejudice your appeal and you will not be treated as "admitting" that you are capable of work. You should make it clear that you are appealing your incapacity for work and ask that your Job Seeker's Agreement reflects all the things that you feel affects your ability to work.
If you do not want to claim Job Seekers Allowance, and your income is low enough, you can claim Income Support while you appeal the decision. However, the amount you receive will be reduced by 20% of what you would get by claiming Job Seekers Allowance (unless you have some other grounds for claiming Income Support, such as being a single parent of dependent children).
What if my circumstances change?
If your condition has worsened significantly since the decision maker's decision, or you develop a new condition which was not considered by the decision maker, you should make a new claim for Incapacity Benefit (or Income Support of you do not have enough national insurance contributions).
For an easy way to find out which benefits might apply to you and your circumstances go to What can I claim?
The Benefits Maximisation Service can provide personal advice on what you may be entitled to and help you make a claim. For more information go to Benefits Maximisation Service.
Disclaimer
Although every effort is made to ensure the information on these pages is accurate and up to date, it should not be treated as a complete and authoritative statement of the law.