# Disability Benefit Question



## lorr01 (30 Jun 2008)

hi,,
Just a quick question if anyone can give me advice..

In april 2005 i was in a car accident and was put on disability benifit as i cant work and havent work since.. In 2007 my specialists sugessted i try do a rehabilation course to get me out of the house as i was very depressed. So in September 2007 i did a 5 month course.

I Went to my local social Welfare office and told them and they told me to switch to "Back to Education Alowance" so i did that. 

I was in receipt of €197.00 every week whan i was on Disabiltty and BTEA. 

Now my course is finished and my social welfare office told me that i have to swith back to Disabilty Benifit and that it should take a week before i get any money as they already have all my details from disability as i was on it for 2 year and it just a matter of switching me back on it again without filling out forms. 

I  received a letter dis morning stating that "A deciding officer has decided that you are entitled to Illness Benifit at a weekly rate of €88 and includes payment for 0 adult and 0 children. This personal rate  is based on your average earnings in the 2006 income tax year. 

I do not understand this as i was on it since 2005 and havent worked in 3 year as am undergoing operations in dublin hospital since accident. why amint i getting the €197 like before?

I havent got any money of anybody in the past 3 weeks and what do i do now if anybody has any advice please..

Thank you


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## Welfarite (30 Jun 2008)

*Re: Disability Benifit Question*

I think the only people who can answer your particular questions are the Illness Benefit people who issued the letter. Ring the number on the letter. The only advice anyone on this forum could give you would be general advice about the conditions for receipt of IB and your case seems a bit more complex.


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## allo (30 Jun 2008)

*Re: Disability Benifit Question*

go to the nearest citizens information office for free and confidential advice.they will be able to look at your case and advocate on your behalf if necessary.


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## lorr01 (30 Jun 2008)

*Re: Disability Benifit Question*

Thank you both very much, I just rang the number on the letter and told her my story and she said that i was to go to my Social welfare office and fill out a form for "Disabilty assistance" which is means tested but im not earning anything and havent done since 05 and i asked her "Why have i do go do all this again when i was on disabilty since 2005 that she just have to switch me back on to it again,  so the Socail Welfare office said. 

She ranted about the tax year 2006 and siad "if you dont think you can live on €88 per week then go back to social Welfare office and fill in new forms. I asked her can she live on €88 per week and then she was a bit more mannerly. This is a very genuine case as i was involved in a hit and run accident and have very substantial injuries and may never work again and i cant seem to grasp why i have to go back to filling out forms all over again, which i did 3 years ago.

She told me to go to my local health centre and they should be able to give me some payment to tide me over..


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## Welfarite (30 Jun 2008)

What she meant was that "if your only income is the €88 per week, then you would be better off applying for Disability Allowance which is means-tested adn it sounds like you'd qualify for more". It may be that you mistook that as a criticism of your lifestyle.

As you have no other income, this will be far more beneficial to you than the reduced 88 euro per week. The CWO will pay you while awaiting for the DA to come through. 

I'd imagine  that the Illness Benefit claim you made after the course is treated as a new claim and therefore cannot be linked to the old rate of payment. 

Do as she said and apply for DA.


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## ClubMan (30 Jun 2008)

*Re: Disability Benifit Question*



lorr01 said:


> Thank you both very much, I just rang the number on the letter and told her my story and she said that i was to go to my Social welfare office and fill out a form for "Disabilty assistance" which is means tested but im not earning anything and havent done since 05 and i asked her "Why have i do go do all this again when i was on disabilty since 2005 that she just have to switch me back on to it again,  so the Socail Welfare office said.
> 
> She ranted about the tax year 2006 and siad "if you dont think you can live on €88 per week then go back to social Welfare office and fill in new forms. I asked her can she live on €88 per week and then she was a bit more mannerly. This is a very genuine case as i was involved in a hit and run accident and have very substantial injuries and may never work again and i cant seem to grasp why i have to go back to filling out forms all over again, which i did 3 years ago.
> 
> She told me to go to my local health centre and they should be able to give me some payment to tide me over..


No offence but you seem to have a track record of bad experiences dealing with people by phone - perhaps you are not approaching this in the most constructive way possible and maybe altering your approach might cause you less stress and hassle. I am very genuine in this and mean it sincerely as a constructive suggestion.

http://www.askaboutmoney.com/showpost.php?p=413544&postcount=6
http://www.askaboutmoney.com/showpost.php?p=391874&postcount=8
http://www.askaboutmoney.com/showpost.php?p=588704&postcount=4


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## lorr01 (30 Jun 2008)

> No offence but you seem to have a track record of bad experiences dealing with people by phone - perhaps you are not approaching this in the most constructive way possible and maybe altering your approach might cause you less stress and hassle. I am very genuine in this and mean it sincerely as a constructive suggestion.
> 
> http://www.askaboutmoney.com/showpos...44&postcount=6
> http://www.askaboutmoney.com/showpos...74&postcount=8


Clubman, 

You went to alot of searching there to find that!!. Yes i do seem to have bad experience with people by phone. What way do you recommend i approach this in most constructive way possibe to cause myself less hassle and stress as i have enough to be worrying about!. I understand you mean it sincerely
lorr


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## ClubMan (30 Jun 2008)

Not a lot of searching. All of you posts are easily accessible from your profile. 

When you have a complaint stick to stating this calmly and clearly but firmly and politely and avoid getting irate with the person at the other end. I'm sure that there are guides to complaining effectively via phone, letter, in person etc. available on the net. Try _Google _perhaps.


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## lorr01 (2 Jul 2008)

Thank you clubman for advice


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## John joe (3 Jul 2008)

lorr01 said:


> hi,,
> 
> I received a letter dis morning stating that "A deciding officer has decided that you are entitled to Illness Benifit at a weekly rate of €88 and includes payment for 0 adult and 0 children.
> 
> Thank you


 
You need to contact the deciding officer that sent the letter and ask them to why they can't put you back to Disability benefit as this is what you were originally on.

Also were you receiving any other income in 2006? As the social welfare officer you were talking to did mention something about this tax year?

Let us know how it goes.


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## lorr01 (3 Jul 2008)

John joe, 

I went up to my health centre today to the cwo officer and explained all to her and told her i was on DA since 2005 and did a re-habilation course in 2007 and went on BTEA. When course was over i went to social welfare and they told me it wudnt take to long to go back on DA as all my details were on file. 

Then i told her i got a letter from Illness benifit about them giving me €88 per week, she was shocked by this, i  showed her the letter about the tax year 2006 and she said it was got to do with my contributions over the years!. She herself couldnt understand why i just entitled to €88 per week when i havent worked since accident in 05. 
She subsidised me with what i was owed for past 3 weeks and told me i will be back to normal next week and i had Disability Allowance form filled in as that was what the illness benifit people wanted and she took it off me and said it will be sorted, that i wasnt to worry. 

John joe some days i cant even get out of bed never mind work!!

she was very very nice to me and asked all about my accident and wished me the best luck with future operations that i am to have. And told me if i ever need anything to go up to her.


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## Black Sheep (3 Jul 2008)

There seems to be some confusion here as regards which payment you were on. The original post says you were on disibility *Benefit* since the accident and prior to your course. Your last post states that you were in *DA* (Disability Allowance) since 2005.

Perhaps this accounts for some of the mis-understanding. These two sections of SW don't seem to communicate with each other.

As you now seem to be on the right road perhaps this is all irrelevant
Good luck


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## Welfarite (4 Jul 2008)

Black Sheep said:


> There seems to be some confusion here as regards which payment you were on. The original post says you were on disibility *Benefit* since the accident and prior to your course. Your last post states that you were in *DA* (Disability Allowance) since 2005.
> 
> Perhaps this accounts for some of the mis-understanding. These two sections of SW don't seem to communicate with each other


 
 
You can only be either of Illness Benefit of Disability Allowance so there would be no question of two sections having to communicate with each other. 

Regarding the "€88" that you (OP) mention, I wonder would it be €88.90 which is a reduced rate based on earnings on the rehabilative course you mention? This would not apply though if it was DA that is being paid


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## lorr01 (4 Jul 2008)

Welfarite said:


> You can only be either of Illness Benefit of Disability Allowance so there would be no question of two sections having to communicate with each other.
> 
> Regarding the "€88" that you (OP) mention, I wonder would it be €88.90 which is a reduced rate based on earnings on the rehabilative course you mention? This would not apply though if it was DA that is being paid


 

My accident happened in 2005 and i was put on *Disabiltiy Benifit*..(now known as* Illness Benifit at rate of €197.80)*  In 2007 i did a course, am now finished the course and wanted to go back on the *Disability Benifit (illness benifit at rate of €197.80) but they said that all im entitled to on this is €88.90 per week. *

So i went to CWO and she has me on *Disability Allowance now!!*
So in the end i couldnt go back on what i was on orginally *(Disabiltiy Benifit/Illness benifit), *

sorry if i confused anyone!!

*so the told me to apply for Disability Allowance*


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## lorr01 (4 Jul 2008)

Regarding the "€88" that you (OP) mention, I wonder would it be €88.90 which is a reduced rate based on earnings on the rehabilative course you mention? This would not apply though if it was DA that is being paid..

Welfarite: Why would me doing a course have anything to do with earnings??


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## John joe (4 Jul 2008)

lorr01 said:


> Welfarite: Why would me doing a course have anything to do with earnings??


 
Who was paying you? Also how much?


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## eileen alana (4 Jul 2008)

John joe said:


> Who was paying you? Also how much?


 
The poster said he was on the Back to Education Allowance and that would have come under the Vocational Education Committee.  The Disability Benefit he was on would have been based on his PRSI contributions now those have expired and he is on the means tested Disability Allowance. And all is well that ends well


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## lorr01 (6 Jul 2008)

John joe said:


> Who was paying you? Also how much?


 

John joe. 

I have explained it all to you in my previsious threads, im not sure what you mean by who was paying me and €197.80 was what i was getting.


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## Welfarite (7 Jul 2008)

lorr01 said:


> Welfarite: Why would me doing a course have anything to do with earnings??


 

I don't know! I'm only trying to work it out, like yourself. The rate you quted is a rate based on earnings, so I presumed you had earnings in 2006/2007? Can you say exactly what the "course" was? Who ran the course? I am also puzzled as to how you were paid BTEA when less than 3 years on Illness Benefit/Disability Benefit and for a course less than a year.


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## lorr01 (7 Jul 2008)

Welfarite said:


> I don't know! I'm only trying to work it out, like yourself. The rate you quted is a rate based on earnings, so I presumed you had earnings in 2006/2007? Can you say exactly what the "course" was? Who ran the course? I am also puzzled as to how you were paid BTEA when less than 3 years on Illness Benefit/Disability Benefit and for a course less than a year.


 

Welfarite;
I had no earnings in 2006/2007 as like i said i havent worked since car crash in April 2005..the course was community/health care and fetac ran the course in a community college in my area from sept 07 to may 08. 

I dont know why i was paid BTEA, i just did as i was asked, my social Welfare office told me to go from "Disability benifit" to "BTEA" and i did, and i received payment every week through a book. 

Should i not have been aloud to do the course, as you said i was less than 3 years on DA.? My doctors and specialists had told me to do a course of any type to get me out of house mainly and socialising as i was gettting very depressed sitting at home every day and not seeing any prospects of ever working again as at the moment i will never work again at what im qualified for due to my injuries..

I have worked since i was 16 years old and held down at one stage 2 jobs and its hard to go from that to nothing and i was getting very down and out, 

thanks
so they were trying to get me to view other options..


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## Welfarite (8 Jul 2008)

lorr01 said:


> Welfarite;
> I had no earnings in 2006/2007 as like i said i havent worked since car crash in April 2005..the course was community/health care and fetac ran the course in a community college in my area from sept 07 to may 08.
> 
> I dont know why i was paid BTEA, i just did as i was asked, my social Welfare office told me to go from "Disability benifit" to "BTEA" and i did, and i received payment every week through a book.
> ...


 
Once again, you are confusing the type of payment you were on. Was it BENEFIT or ALLOWANCE? Read my post. I based my answer on your statement that it was BENEFIT you were claiming. Now you are asking should be be allowed to go on it if you were on ALLOWANCE less than 3 years! I give up! 

The bottom line is that you have been given an option by the SWLO to apply for Jobseeker's ALLOWANCE and get paid that instead of the 88 a week BENEFIT you are being offered. It will mean you will get more money. Go for that.


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## lorr01 (8 Jul 2008)

Im not a bit confused of what i was on, i was on BENIFIT from crash in 05 to 07. Did a course in 07-08 and was on BTEA. Now i want to go back on Benifit and i cant as all im getting is €88, so i now have to go on ALLOWANCE and thats what im being put on now at this present minute!! 

Jobseekers allowance was never mentioned to me and i never in any of my threads mentioned JOBSEEKER'S ALOWANCE. 
Its called *DISABILITY ALLOWANCE not Jobseeker's.*


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## lorr01 (8 Jul 2008)

thanks for all advice guys!!


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## Welfarite (10 Jul 2008)

Sorry, I meant to say Disability, got confused again. Enough said....


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## lorr01 (10 Jul 2008)

I'll forgive you ha!!!!!!,


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## John joe (10 Jul 2008)

Lorri, have you got ur payment for DB back up to €197 from the DSW?


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## lorr01 (13 Jul 2008)

john joe, 

Yes im back up to €197.80 per week but wasnt put back on DB, so im on Disability Assistance now (DA)

Lorr


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## Black Sheep (14 Jul 2008)

As this appears to be a long term situation have you ever considered applying for Invalidity Pension


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## lorr01 (14 Jul 2008)

black sheep, 

you are not the first person to mention that to me, but i never did anything about it as im just 28 year old and due to the accident i havent worked in 3 year but after im finished with all my operations i would really like to do some work part time at least, as i would hate not to be able to go back into doing some kind of work, definately cant do what im qualfied for, but could try something else as im to young for not working..

plus this is a legal case due to accident so i have to pay back all the social welfare that i have claimed in past 3 year so when my case is over they will probarly stop my Disability Assistance that im currently getting now, and i will have to live off compensation.. I never wanted to complicate things by asking about Invalidity Pension but it was mentioned to me by a few people as im 3 year on Disability now..

Thank you


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## John joe (16 Jul 2008)

lorr01 said:


> plus this is a legal case due to accident so i have to pay back all the social welfare that i have claimed in past 3 year


 
Who told you this or where does it state this?


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## lorr01 (16 Jul 2008)

John joe said:


> Who told you this or where does it state this?


 

John joe, 
My accident is a legal case and social welfare told me that i have to pay them back all that i am claiming off them for past 3 year for (Disability Benifit and now Disability Assistance) as when i am claiming for compensation and loss of earnings, they want there money back..

Lorr


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## Welfarite (17 Jul 2008)

I never heard of that before. Normally, the amount of compension takes into account loss of potential earnings less any SW payments made. There is no provision in law to recoup bone fide SW paymenst already made, especially Illness Benefit as this is not even means-tested. If I were you, I'd check this out again.


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## Black Sheep (17 Jul 2008)

And that's why I suggested Invalidity Pension, no loss of payment when compensation comes in. 
The OP may be in a position to return to suitable part-time work in the future (with the permission of SW)


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## lorr01 (18 Jul 2008)

Welfarite said:


> I never heard of that before. Normally, the amount of compension takes into account loss of potential earnings less any SW payments made. There is no provision in law to recoup bone fide SW paymenst already made, especially Illness Benefit as this is not even means-tested. If I were you, I'd check this out again.


 
hi.. 

The CWO and my local Social Welfare office staff wanted a letter from my solicitor to say that he will pay back all monies due to them through me claiming DB and now DA when i get my personal injury claim sorted, i questioned it as found it very strange and he told me that yes they are entitled to get there money back as they have been paying me money every week..and in future i would have my compensation  money and could pay them back..Well it will be the other side insurance company that pays them i take it! 
I have a mate who also had to pay Social Welfare back after she had a car accident.. 

Lorr


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## lorr01 (18 Jul 2008)

Black Sheep said:


> And that's why I suggested Invalidity Pension, no loss of payment when compensation comes in.
> The OP may be in a position to return to suitable part-time work in the future (with the permission of SW)


 

Black sheep, 
For the past 3 year since april i have been on both DB and now DA, and i have couple more operations during August and september .Are you saying that even if my case is over i could still be getting Invalidity Pension and working part time and i not have to pay social welfare back for getting Invalidity pension?

If this is the case how come my local sw office never suggested this option to me and go on Invalidity Pension.


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## Black Sheep (18 Jul 2008)

Yes I've come across cases where people received serious injuries in road accidents went through all the hospital stuff and the claims and are now on Invalidity Pension having received compensation, and several years on are seeking the Departments permission to return to part-time work.

Why not fill up the application for Invalidity Pension and let the Dept. decide.If they disallow it they have to give you a written explanation with their reasons.


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## lorr01 (21 Jul 2008)

blacksheep,

I will get the invalidity forms and fill then out and see what happens,

thanks a mill
lorr


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