Incapacity benefits were replaced for new claims from 27 October 2008 by Employment and Support Allowance.
Before October 2008, people unable to work due to sickness or a disability could claim on the grounds of "incapacity for work". Benefits which could be claimed on these grounds are:
- Incapacity Benefit
- Severe Disablement Allowance (abolished for new claims from 2001)
- Income Support
- Disability Premium with Income Support, Housing Benefit and Council Tax Benefit
- National Insurance Credits
Brief explanation of these benefits
Some people can still claim these benefits.
Establishing incapacity for work - own occupation test and personal capability assessment, plus quick reference diagram
Exceptions and exclusions - people deemed incapable of work, exemptions from the personal capability assessment and people treated as incapable of work due to exceptional circumstances
Personal capability assessment descriptors
Working while incapable - permitted work
Challenging incapacity for work decisions
People already getting these benefits on 27 October 2008 continue to get them until they either stop being entitled or are transferred to Employment and Support Allowance (ESA). Transfer to ESA is supposed to happen by 2013.
Some people can still claim these benefits after 27 October:
People who previously got one of these benefits but stopped getting it before 27 October can reclaim if their claim can be "linked to" their previous claim. The linking periods are
eight weeks; or
104 weeks if the claimant was incapable of work for more than 196 days, came off the benefit and started work within one month; or
two years if the claimant was working, was entitled to Working Tax Credit with a disability element, stopped work and was incapable of work on the first day after stopping work
a person can claim Incapacity Benefit if they were entitled to Income Support (for incapacity) before 27/10 and become entitled to IB after that date because they now satisfy the contribution conditions
a person can claim Income Support if they were entitled to Incapacity Benefit before 27/10 and become entitled to IS after that date
a person who gets Statutory Sick Pay (SSP) can claim Income Support as a top up. When SSP ends they can claim Incapacity Benefit provided they have evidence of and are assesssed as having incapacity for work, and satisfy the contribution conditions. And they can stay on Income Support on incapacity grounds.
lone parents have to stop claiming Income Support as a lone parent when their youngest child reaches a cut off age. If they can provide evidence of incapacity, usually with a sick note, they can continue to claim IS but on incapacity grounds. This does not count as a new claim. Lone parents in these circumstances may have a choice between claiming ESA or carrying on getting IS.
Seek advice to find out whether a lone parent will be better off on ESA or IS.