Invalidity Payment.

[ordbrae]

My Daughter suffered a lower back injury aggrevated by unsuccessful remedial surgery and received Disability Payment.This was being terminated.On appeal she was interviewed.The appeal board confirmed her disability and sanctioned continued payment.Today 18/3/14 she received a telephone message to say because her husband is self employed she is not entitled to invalidity payment and will have to repay four years payments.
My questions are:-Does a husbands self employed status debar a wife from invalidity payment and,how,on her behalf deal with this apparent injustice?

[wolf63]

It depends upon which benefit your daughter was in receipt of.

Invalidity Benefit changed to Incapacity Benefit some time ago. Incapacity Benefit has been phased out and is now ESA.

Some benefits are means tested and some are not. She should get a letter explaining the situation.

Some of our members have a good working knowledge of the system and will, hopefully, help you.

[ordbrae]

Thank you for your observations.When I identify the exact terminology I will return.Needless to say my daughter is devastated.Your advice is greatly appreciated.

[Peter Pedant]

well this: doesnt have anything about that.

https://www.gov.uk/dla-disability-living-allowance-benefit/eligibility

how does she deal with it:
CAB are very good - go tomorrow
and she needs to write a letter to the address that awarded it
and say she wants a statement of reasons and to appeal on the grounds that she is eligible.
This has to be done within 28 d so do it now !

It MAY ( I am making this bit up) be on who has paid what NI stamp and for how long - but then they have to tell her.

She needs to get the appeal letter in pretty sharpish or else they start deducting without telling her - her money 'just goes down'.

[choux]

Assuming her joint income status with her husband has not changed since she first claimed the benefit (and that she made them aware of his s/e at that time) might she not claim a 'misdirection' and explain that the benefit paid to her was as a result of the Department's decision/error? Your daughter should explain that she does not have the funds to repay what she has received.

[EDDIE51]

I am a bit suspisious here , you say a telephone message telling her she has to repay? I am pretty sure the DWP do not send telephone messages about things like that it has to be in a letter and with details of how to appeal.

[kloofnek]

Eddie is absolutely right!

[EDDIE51]

Yes I have checked and a demand for repayment MUST be in writing with full details of why the repayment is due and a proposed repayment plan.
The telephone call looks very much like a scam.