Incapacity Benefit

This is a benefit for people who are unable to work because of illness or disability and is paid if:

• You have paid enough National Insurance contributions
• You cannot get Statutory Sick Pay from  your employer
• You are under state pension age

If you are under 20 (or under 25, if you have been in education) and have been ill for at least 28 weeks, you may get Incapacity Benefit without having paid National Insurance contributions. Seek further advice about this.

To qualify for Incapacity Benefit, you must also prove your incapacity for work. For the first 28 weeks of your claim, you will be asked to prove that you cannot do your usual job. After this (or from the start of your claim if you don't have a 'usual job') the Personal Capability Assessment is used; this looks at your ability to do any job. You will be asked to complete a self-assessment questionaire, and can be called for a medical. Some people are exempt from the assessment, so seek advice before you claim.

The benefit is paid at three rates:

• Short term lower rate for the first 28 weeks that you are too ill to work
• Short term higher rate from week 29 to week 52
• Long term rate from week 52 onwards

Any week that you have received Statutory Sick Pay from your employer counts as a week when you are too ill to work.

You can receive the long-term rate from week 29 if you are terminally ill, or you get the highest rate of the care component of Disability Living Allowance.

To find out more, or to make a claim for Incapacity Benefit, contact your local Jobcentre Plus office or go to Directgov.