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I found the LegalBeagles forum while searching for info on this, and there was some very good advice going on in 2010 on related subjects - I know things might be different now.
I have an Income Support claim on grounds of disability that began some time in 2006 and was paid up till 2011, when I received student loans that meant my income was more than the IS I was entitled to. I had to interrupt my studies in November 2012, had student loans from the rest of the year removed and tried to get back on IS for income. I'm still here to-ing and fro-ing with DWP, much poorer and no further along.
I have an ongoing award of NI credits via Incapacity Benefit (so on letters this shows as 'at a rate of ŁNIL') but according to DWP this doesn't count as an 'existing award'.
I keep finding hints of hope like this one from RightsNet: 'You cannot now claim income support on grounds of disability or incapacity unless your claim began before 27.10.08.' This sort of thing is hinging on definitions of 'new claim' which I can't find grounds for either way. To me it's clearly not a new claim, it's a reinstatement of an old one, but I can see why it's 'new' - yet it's still not as if I'm claiming entirely anew as my IS is awarded on the basis of my recorded disability which is on file, I don't need to go through any new assessments.
(There's a whole different saga about ESA and interrupted students - we're not eligible if we don't receive DLA/PIP - and if you don't know about this, we're starting up a campaign so hopefully you should soon.)
Two questions:
- which legislation can I find the 27.10.08 changes to IS in?
- is there any info anywhere, anecdotal or otherwise, about what 'new claim' means?
and a bonus one:
- can anyone help me find ANY state support I am entitled to if not IS? is this one of those horrific loopholes?
I have an Income Support claim on grounds of disability that began some time in 2006 and was paid up till 2011, when I received student loans that meant my income was more than the IS I was entitled to. I had to interrupt my studies in November 2012, had student loans from the rest of the year removed and tried to get back on IS for income. I'm still here to-ing and fro-ing with DWP, much poorer and no further along.
I have an ongoing award of NI credits via Incapacity Benefit (so on letters this shows as 'at a rate of ŁNIL') but according to DWP this doesn't count as an 'existing award'.
I keep finding hints of hope like this one from RightsNet: 'You cannot now claim income support on grounds of disability or incapacity unless your claim began before 27.10.08.' This sort of thing is hinging on definitions of 'new claim' which I can't find grounds for either way. To me it's clearly not a new claim, it's a reinstatement of an old one, but I can see why it's 'new' - yet it's still not as if I'm claiming entirely anew as my IS is awarded on the basis of my recorded disability which is on file, I don't need to go through any new assessments.
(There's a whole different saga about ESA and interrupted students - we're not eligible if we don't receive DLA/PIP - and if you don't know about this, we're starting up a campaign so hopefully you should soon.)
Two questions:
- which legislation can I find the 27.10.08 changes to IS in?
- is there any info anywhere, anecdotal or otherwise, about what 'new claim' means?
and a bonus one:
- can anyone help me find ANY state support I am entitled to if not IS? is this one of those horrific loopholes?
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