THIS popular weekly column deals with welfare rights issues of interest to people living in Wirral.

This week the topic is about Incapacity Benefit (ICB) and deals with the people who are exempt from the test. If you are not in the exempt categories the test applies to you.

WHAT IF I AM FIT TO WORK?

If you are found fit for work after a medical you have two choices: accept it or appeal against the decision. If you accept, you may have to sign on at the Job Centre to get benefit or a contribution towards your pension. If you want to appeal, then you must get advice right now. The first thing that your advisor must do is check to see if you are exempt from the test. If not, you must appeal.

HOW TO APPEAL

If you wish to appeal you must fill in the form NI 246 which can be obtained from your local DSS or Job Centre. If you do not use the correct form, the Tribunal Chairman has discretion to accept a written appeal, provided all the required details are included in the letter. Many people fall foul due to not providing full details. The letter must contain the date of decision appealed against and the claim or question under appeal and a summary of your arguments of why the decision is wrong. At this stage if you provide detailed information the DSS may choose to change their decision.

WHO IS EXEMPT FROM THE TEST?

If you were aged 58 or over on April 13, 1995, and between December 1, 1993, and April 13, 1995, you had not been capable of work for more than eight continuous weeks and either you were not entitled to the old invalidity benefit on both December 1, 1993, and April 12, 1995.

GET ADVICE

There are a number of exempt situations - if you think you qualify, then contact your local DSS or advice agency to find out. Other exempt categories include people include people who have been registered blind or who receive the high-rate care component of DLA (N.B. not the high-rate mobility).

There are many advice agencies which can help. Many offer free advice, so make enquiries first to establish that they know how to deal with the form. Other organisations make a charge, but remember, you only get what you pay for, so ensure the one you contact is an expert in the field.

JIM STRANG COMMENTS

If you need to know more about this or any other welfare rights problem, write to me, Jim Strang, enclosing an SAE, without which you will not get a reply. Write to Jim Strang c/o S&J Property Management, 81 Duke Street, Birkenhead, enclosing an SAE. If you wish him to act on your behalf, call 652-8600 between 10am and 4pm, Monday to Friday.

Converted for the new archive on 13 March 2001. Some images and formatting may have been lost in the conversion.