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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My husband is disabled after a stroke and is claiming incapacity

Resolved Question:

hi my husband is disabled after a stroke and is claiming incapacity benifit and disability allowance, with the new pension changes he would like to take his small pension out as a lump sum to pay off debt and install a new boiler due to ours breaking down, from what i've read his DLA is not mean tested but i'm not sure about his incapacity benifit as we cant afford to looses this as there will be hardly anything left of the lump sum, i work part time and we laim no other benifits., thank you.
kay
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Incapacity benefit is not currently means tested.
There have been rumblings of a proposal to do so from the Government but they haven't done it yet.
Incapacity benefit and DLA etc are to pay for the cost of managing the disability so it doesn't matter whether you work or not save for the fact that those in work give rise to the inference that the level of care they need has changed.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

thank you we've spent weeks trying to get an answer it will make a lot of difference if we can make some repairs to our home and pay off debt we owe. we can know make the decision to go ahead to cash his small pension in without the worry of loosing his incapacity benifit. thank you kay and martyn

Expert:  Jo C. replied 2 years ago.
No problem.
I would disclose it to the DWP though in an abundance of caution.
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