As Incapacity Benefit has been replaced by the Employment & Support Allowance (ESA) you may find this guide useful.
If you make a new claim it will be for ESA. Existing Incapacity Benefit claims are to be migrated to the new ESA benefit over the coming years.
Clicking on he link below should/will download the appropriate document to you computer, thus enabling you to view at your own leisure. Note we also hold a PSI license for documentation from Government.
If you currently receive Incapacity Benefit and have been sent an form IB50. If you also get the "Higher Rate" allowance for personal care of Disability Living Allowance. You should be aware of Statutory Instrument 1995 No 311. The Social Security (Incapacity for Work)(General) regulations 1995. Part II - General Provisions Relating to Incapacity for Work.
You are exempt from this process and do not have to fill in the form. Telephone your DWP office and ask them why you have been sent this.
"CHAPTER III
PERSONS TREATED AS INCAPABLE
Certain persons with a severe condition to be treated as incapable of work
10.—(1) A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.
(2) The circumstances are—
(a) that he is in receipt of the highest rate care component of disability living allowance;
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