Disability allowance, why spouse public pension taken into account

The social welfare system has a lot of intricacies and a lot of anomalies throughout it. It has developed over time and for all sorts of various reasons to protect various groups.

It may not be much comfort to you, but Jobseekers Allowance is even harsher than Disability Allowance in this regard. If you are on Jobseekers Allowance, and your spouse is on a social welfare pension, your Jobseekers is reduced, whereas this is not the case for Disability. The general principle is that a couple cannot claim two separate payments and receive more than the couple rate (unless they are both on non-means tested payments). An exception was made for Disability Allowance. I guess the reason the exception only applies to social welfare income is that it seemed unfair for the State to give a payment with one hand and take it with the other, and that problem was immediately apparent to those who designed the system. It may have been the case at the time the rules were designed that there wasn't a particularly large number of people on Disability Allowance who had spouses with private pension income.

The social welfare system tries to deal with so many different scenarios that it can be difficult to deal with every situation. The reality of the system is that it reflects the economics and politics of when the rules were brought in, if enough people are adversely affected and can bring pressure to change the system, it will be changed. As people's economic circumstances change, the system needs to develop with them, or it will let more people down.

Your circumstances are probably shared by a fair number of people. But there are probably larger groups and louder voices than yours at the minute. It is important that payments like Deserted Wives and other payments designed to protect vulnerable groups are also maintained.

redcatstar wrote: »

Obviously they would not want to swap , I do not have a public pension just my husband and on my work record I feel I should be entitled to 203 a week in my own right, plus I was refused invalidity pension
Why should my husband and I be penalized cause he worked in the public service

Why were you refused? If it was because you were not considered to be incapable of work long-term, then you can always re-apply, and can appeal if refused. If you have been on a combination of Illness Benefit and Disability Allowance for a number of years, you may have a strong case. It will depend on the prognosis of your illness. If you can show that you will not likely be able to work within the next year, you should receive Invalidity Pension.

If you were completely means tested out of Disability Allowance because your husband's pension, then you should have been advised to submit medical certificates for Illness credits. If you aren't receiving a reduced rate Disability Allowance you should arrange to submit Illness Benefit form. It won't involve any payment, but you will be allocated credits. As long as your medical certificates are accepted by the Department, they can help you qualify for Invalidity Pension.

redcatstar wrote: »

Sorry if I sound angry but yes I got illness benefit and applied for invalidity after the 1st year and was refused it , I still have about 8 months of illness benefit to receive
But because of refusal for invalidity I cant see that changing in 8 mts
So I feel why , i just dont get it

You have raised valid issues about the Disability Allowance means test. However, these won't change anytime soon.

However, in your circumstances, you should concentrate on establishing Invalidity Pension. Did you appeal the previous decision? If the decision was made within the last few months, they may entertain a late appeal. If it is too long ago, then submit again, and don't be afraid to appeal. A large number of claims refused first time round are awarded after appeal.

But you will have to show that you are incapable of all categories of work. If you are considered able to do light work or sedentary work, they will not award it.

redcatstar wrote: »

Thank you I will apply again and appeal if I have too, just feeling let down by the system, I find it hard to walk and have mobility issues and from looking at online refusals and appeals , it seems like it depends on the day if you get it or not

Just make sure you continue to send your medical certificates in, even if your Illness Benefit ends. Some claims can take more than a year to get to the end of the appeals process. Whilst this can cause financial difficulty when the Illness Benefit stops, it means that on the basis of your medical certs alone, you will have been considered to meet the criteria, as by that stage you will have the 12 months before and the 12 months after the claim date.

Even if the claim/appeal takes 9 months to process (which is about average), at that stage, you will only have to show the likelihood of being incapable of work for 3 more months.

Make sure you address the issue of light work in the medical evidence you submit. If your GP and any specialists you are working with state clearly that you are not capable of doing light work, this will help. In most cases the Department don't conduct their own medical examination, so the only evidence they are relying on is the evidence that you provide.