Incapacity Benefit (IB) is money paid to people of working age who are unable to work due to an illness or disability.
Please note: Employment and Support Allowance (ESA) replaces Incapacity Benefit for people who make a new claim for benefit from 27 October 2008.
Who can claim Incapacity Benefit?
You can claim Incapacity Benefit if:
- You have been unable to work due to an illness or disability for at least 4 days in a row: check Incapacity for work – the tests for more details, and
- You are aged 16 or over, not in full-time education and under the state pension age (60 for women, 65 for men) – see exceptions below, and
- You have paid, or been credited with, sufficient National Insurance Contributions in recent years. The contributions may be Class 1 for employees or Class 2 for self-employed people. Note that if you are young and disabled, you can still claim Incapacity Benefit Youth without a national insurance record. This can apply if you are under the age of 20 or under 25 for students or trainees – get advice.
You may also be able to claim Incapacity Benefit if:
- You are a pensioner who is less than five years over the pension age (60 for men, 65 for women). You can get Incapacity Benefit at the short-term rate for up to a year if you were unable to work before reaching pension age and you would have been entitled to a state pension if you claimed it. However the amount of Incapacity Benefit you receive might be reduced if your National Insurance Contributions record is incomplete.
- You are a widow or widower whose spouse died before the 9th April 2001 and you meet some other rules. Please get advice.
- You were already receiving Invalidity Benefit before it changed to Incapacity Benefit in 1995. The National Insurance Contribution rules won’t affect you and you will automatically receive the long-term rate of Incapacity Benefit until you reach pension age.
- You are treated as ‘incapable of work’, or, you are in an ‘exempt’ category. Check Incapacity for work – the tests for more details.
Follow the links below for full details of who can qualify.
Note:- If you work for an employer you normally claim Statutory Sick Pay from your employer for the first 28 weeks of illness and Incapacity Benefit afterwards.
Facts about Incapacity Benefit
If you have a pension from work or a private scheme, in most cases you will lose 50p from your Incapacity Benefit for every £1 of pension over £85. Your Incapacity Benefit will not be reduced in this way if you also get Disability Living Allowance (higher rate care component), or you were already getting Incapacity Benefit before 6 April 2001.
You, or sometimes your partner, may be required to attend a work-focused interview to talk about work options. The first interview is usually held about eight weeks after you first claim. These interview can be delayed if there are good reasons, such as very poor health.
If you are getting Incapacity Benefit you might be able to claim extra benefit for a dependent adult. Get advice.
If you are being paid the long-term rate of Incapacity Benefit – usually after one year - you should receive more money if you became ill under the age of 35 or between the ages of 35 and 44. This extra money is called an ‘age allowance’. The age allowance is higher for people who became ill under 35 years old.
When you reach state pension age your long-term Incapacity Benefit will stop. If you were receiving short-term Incapacity Benefit, this may continue at slightly higher rates for up to one year. However, you could also draw a State Pension or Pension Credit. You should get further advice about claiming Incapacity Benefit or State Pension.
If you claimed Incapacity Benefit before 5th April 2003 and you have dependent children, you should be eligible for extra money for them as part of your Incapacity Benefit. This is called a child ‘increase’. If your claim is after 5th April 2003, you get this extra money for your children by claiming Child Tax Credit.
How do I apply for Incapacity Benefit?
If you are working for an employer and your Statutory Sick Pay runs out or is refused, your employer should give you a form SSP1. You can use this to claim Incapacity Benefit from Jobcentre Plus. If you are self-employed, or you had been unemployed, or you want to claim Incapacity Benefit Youth, you should fill in form SC1. You can telephone Jobcentre Plus on 0845 602 5015.
You will need to supply Jobcentre Plus (and your employer if you are still employed) with sicknotes until you are told these are no longer required.
If your claim for Incapacity benefit is turned down you can get advice about whether to appeal. You have one month to appeal from the date of the letter giving you the decision. You appeal on form GL24 from Jobcentre Plus.
Update: Pathways to Work from April 2006. The scheme to help people on incapacity-based benefits move back into work. It involves more frequent work-focused interviews and increased support for rehabilitation and job-seeking activities. If you are on a sickness related benefit and want to look at getting back into work Stepping Stones may be able to assist you.
Information on other websites
Directgov
Government information about Incapacity Benefit
Adviceguide
Information from Citizens Advice about Incapacity Benefit
Disability Alliance
Information about Incapacity Benefit
Nottingham County Council
Information about Incapacity Benefit
RNIB – Royal National Institute of the Blind
Incapacity Benefit and other benefits for people who are unable to work
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Reviewed:
22 June 2009
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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