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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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I am receiving incapacity benefit. My wife has an opportunity

Customer Question

I am receiving incapacity benefit. My wife has an opportunity to take up employment in Scotland. What would happen to my incapacity benefit?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

You mean if you move to Scotland or if she is working?
Customer: replied 3 years ago.

We will both relocate to Scotland and my wife will have the opportunity to continue employment in Scotland.

Expert:  Jo C. replied 3 years ago.

If you relocate to Scotland then you can make a fresh claim there.

Incapacity benefit has been abolished from April 2014 and replaced with ESA.

ESA is a means tested benefit and so the fact that your wife is working full time would almost certainly have an impact upon your claim if not removing your eligibility entirely.

Disability living allowance is quite different and paid in a different way. That is not means tested.

You may well be reassessed. Its likely at some point because of the emphasis upon scrutiny of claims.

Im very sorry if that is bad news.

Can I clarify anything for you?


Customer: replied 3 years ago.

Thank you for all your help on this matter. Information gratefully received.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Do bear in mind that Scotland could become independent in September and if that does happen its expected that their benefits would be more generous than in England and Wales.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile