# Illness Benefit about to expire - options ?



## TheShark (13 Jan 2011)

OH has been on Illness Benefit since early 2009 and that benefit is due to expire in a few weeks. As she is awaiting surgery she remains unfit for work. She has applied for Invalidity Pension but got a refusal on the grounds "Medical Assessor expressed the opinion that you are not permanently incapable of work".
What are her options at this stage as she will not be entitled to Jobseekers Benefit/Allowance on the grounds that she is not available for work.


----------



## naughto (13 Jan 2011)

i think she can apply for this.i have applied for Invalidity Pension  as my illness benefit is up at the end of feb

http://www.citizensinformation.ie/e...ability_and_illness/disability_allowance.html


----------



## TheShark (13 Jan 2011)

Would have thought she would transfer from Illness Benefit to another Illness payment after she getting it for two years. She is going to be unfit for work for at least another 6 months , maybe longer , to get Disability Allowance , which is means tested she has to be incapable of work for at least another year is that correct?


----------



## gipimann (13 Jan 2011)

While awaiting a decision on an application for Disability Allowance, your wife may be entitled to Supplementary Welfare Allowance (SWA).   SWA is also a means-tested scheme, so any income you may have will be assessed against her.  If you are working full-time, then she won't qualify for SWA, regardless of your income.

SWA is administered by the Community Welfare Officer, based at the local HSE Health Centre.

You are correct in saying that one of the criteria for Disability Allowance is that the person must be incapable of work for at least 12 months.


----------



## TheShark (13 Jan 2011)

If she was refused Invalidity Pension on the grounds that she is not PERMANENTLY unfit for work (she does have the required PRSI conditions) would the same rule not apply to Disability Allowance?
Seems that once the two years on Illness Benefit expires she's left with nowhere to go.


----------



## gipimann (13 Jan 2011)

Sorry, I didn't realise that she has the PRSI contributions, and was just refused on medical grounds.   Yes, similar medical criteria apply to Disability Allowance (although it's worded slightly differently on the SW website).

The information on the SW website for Invalidity Pension states that ...

_To qualify you must:_

_Have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months (you will probably have been getting Illness Benefit or Disability Allowance during that time) _
*Or*

_Be permanently incapable of work (in certain cases of very serious illness or disability, you can transfer directly from another social welfare payment or from your job to Invalidity Pension). _
If she's been refused on the 2nd point (as it appears she has), does she not qualify under the first point (likely to be unfit for work for 12 months, although not permanently incapable?).  If her GP/consultant feels that this may be the case, then it might be worthwhile appealing the refusal.

Information on the scheme and how to appeal can be found here

http://www.welfare.ie/EN/Schemes/Il...hDisabilities/InvalidityPension/Pages/ip.aspx


----------



## nanonano (14 Jan 2011)

Hi,
I have been in receipt of illness benefit since end of Aug 2009.I may be fit to return and look for work soon and was just wondering what my entitlements would be to claim jobseekers benefit ? I have the required amount of prsi paid and the required amount for 2009-the governing tax year ,I have 39 class A prsi contributions paid in 2009 then credits when i switched to illness.I have over 260 paid contributions over the years.I am just wondering would I be entitled to full amount of JB -188p/w as it is based on the average weekely earnings for 2009 which I earned over 400euro a week up till the time on illness benefit in august.I was also paid by my employer for the month of sep 2009 when I finally ceased employment end of Sep 2009.From reading previous I have heard people only receiving 80/90 euro per wk from being on illness benefit in the governing tax year although I did earn over 400 euro for the best part of the year 8/9 months! I am just worried about my financial situation for the future ! I am just wondering if anyone has any experience of this switching from illness benefit to jobseekers? thanks so much .


----------



## TheShark (14 Jan 2011)

Thanks for that gipimann , was wondering whether it could be worthwhile writing to the deciding officer and asking for a review of the decision.
Would the fact that she has been unfit for work for the past two years and cannot give an approximate date about her ability to return to work as she is awaiting surgery be grounds for reviewing the case? Her GP is prepared to give a letter outlining her condition and his opinion that her incapacity is likely to continue for a further 6-12 months.
I should add that if she was'nt so long on a waiting list for surgery this could have been done and dusted a year ago and she would be back at work now!


----------



## gipimann (14 Jan 2011)

Your wife has nothing to lose by asking for a review of the decision.


----------



## Suke (7 Feb 2012)

*Illness Benefit to Incapacity Supplement*

Hello all, 

I'm new here and am wondering if anyone can please advise. Similar to TheShark's wife, I have been in receipt of IB since August '09 following an accident at work, and it's about to expire. I applied for Invalidity Pension and got word today that it's been refused on medical grounds, although given my level of disability I definitely won't be able to work. I was given a 45% Disablement Pension and was pensioned off at work, and receive 120pw occupational pension.

I phoned the Invalidity Pension people and was told that I can write to request a review which I will do. 

Does anyone know what type of info it's best to send with a request for a review?

Citizens Info suggested that I apply for Incapacity Supplement. Does anyone know about what counts as means when applying for Incapacity Supplement - I know they reduce it by the amount of Disablement Benefit, but does anyone know if my occupational pension will also be deducted? 

Am so frustrated with this whole system, have worked hard all of my life, am now on approx 10% of my original earnings and looking like I'll lose my home. Thanks in advance for any advice


----------



## gipimann (7 Feb 2012)

_Incapacity Supplement is an increase to Disablement Pension where a person is considered to be permanently incapable of work as a result of an occupational accident/disease and does not qualify for another Social Welfare benefit such as Illness Benefit, Invalidity Pension or Disability Allowance._

The above is taken from the SW website.  There is no mention of a means-test for Incapacity Supplement.

There is some more information on the Incapacity Supplement here:

http://www.welfare.ie/EN/Publicatio...ialwelfarepaymentswithDisablementBenefit.aspx


----------



## Ildánach (9 Feb 2012)

While one way to qualify for Invalidity Pension is that you be permanently incapable of work, it is not the only route.

If your OH has been incapable of work for the past year, and it seems likely that she will be incapable of work for at least the next 12 months, she can qualify.

It seems from the information provided that the decision has been made incorrectly and should be reviewed and/or appealed.

http://www.citizensinformation.ie/e...ty_and_illness/invalidity_pension.html#l1f4da

EDIT:  just seeing that this is an old thread.  Still, if I had been posting at the time, I would have given the same information.


----------



## gimp (24 Feb 2012)

Been there and yes it is very frustrating. I like you have a long term illness
SW are refusing everything from what i can see. Don't waste time on a review (I did) i think they will just refuse it again.
Appeal the decision which is you're right and i think you have 21 days to do this, you should have got the info with the refusal. There is along delay in this but if you win you're payment is backdated to from when you applied in the first instance.
Have all you're medical data together and have an answer to the question
"why do you think you will not be able to work for the rest of your life" 

Suke, I just see it was an accident at work, have you taken an insurance claim against your employer?


----------



## TheShark (3 Mar 2012)

Just to update the original post.
Mrs Shark lodged an appeal along with supporting medical reports.
Her appeal was upheld and she was awarded Invalidity Pension backdated to the date of the original application.
Arrears arrived a few weeks later by cheque.
Many thanks to all who offered advice.


----------

