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Incapacity Benefit

This is a guide for people who are claiming Incapacity Benefit (ICB).

Incapacity Benefit (ICB) is for people who cannot work because of illness or disability. This includes both physical and mental disabilities.
You may also be treated as incapable of work if you are pregnant but cannot get maternity pay, or cannot do your job because of pregnancy, if you are in hospital, or if you have dialysis treatment.

There are 3 different rates of ICB, and different tests apply to each rate:

Short - term low rate (£52.60 for claimant plus £32.55 for adult dependant)
This is for people who have been incapable of work for 4 days or more, and who do not get Statutory Sick pay. - This includes people who are recently unemployed, and people who are self employed, and who have worked for 8 of the last 21 weeks.
This rate covers the first 28 weeks of incapacity.
To get the short - term low rate you must pass the 'own occupation test'.
This test looks at whether you can do your usual job.
The DSS makes the decision based on the medical certificate they get from your doctor.
If you have been unemployed for some time, you will be subject to 'personal capability assessment test', from the start of your claim. The DSS will send you a questionnaire to fill in.

Short - term High rate (£62-20 for claimant plus £32.55 for adult dependant)
This rate is for people who have already been incapable of work for 28 weeks. To get this rate, you must pass the personal capability assessment test', unless you are exempt.
People exempt from the test are people who get DLA care or Constant Attendance Allowance at the high rate, people who have been assessed as 80% disabled, people with one of these conditions: severe learning disability, severe mental illness, blind, tetraplegia, terminal illness, severe wasting disease (like Parkinson's), progressive polyarthritis, severe immune-deficiency paralysis of one side of the body, brain injury etc.
[Regulation 10 of Incapacity for Work regulations]

Long term Incapacity Benefit (£69.75 for claimant plus £41.75 for adult dependant)
The long term rate is for people who have been incapable of work for 52 weeks. (Or 28 weeks if you are terminally ill, or get DLA care-high rate).
To qualify you must pass the Personal Capability Assessment.

Personal Capability Assessment - physical disabilities.
There are 14 sections to test, to pass the test you need 15 points. You can only count 1 set of points from each section.
The sections are as follows:

1) Walking on level ground with a walking stick or other aid you may use.
Cannot walk at all
15 points
Cannot walk more than a few steps without stopping/ severe discomfort
15 points
Cannot walk more than 50 metres without stopping/ severe discomfort
15 points
Cannot walk more than 200 metres without stopping/ severe discomfort
7 points
Cannot walk more than 400 metres without stopping/ severe discomfort
3 points
2) Going up and down stairs
Cannot walk up and down 1 stair
15 points
Cannot walk up and down 12 stairs
15 points
Cannot walk up and down 12 stairs without holding on and resting
7 points
Cannot walk up and down 12 stairs without holding on
3 points
Can only walk up and down 12 stairs by going sideways one step at a time
1 point.

3) Sitting in an upright arm-less chair

Cannot sit comfortably
15 points
Cannot sit comfortably for more than 10 minutes without having to move because of severe discomfort
15 points
Cannot sit comfortably for more than 30 minutes without having to move because of severe discomfort
7 points
Cannot sit comfortably for more than an hour because of severe discomfort
3 points
4) Standing with no aids or help except walking stick
Cannot stand like this
15 points
Cannot stand like this for more than 1 minute before sitting.
15 points
Cannot stand like this for more than 10 minutes before sitting
15 points
Cannot stand like this for more than 30 minutes before sitting
7 points
Cannot stand like this for more than 10 minutes before having to move around
7 points
Cannot stand like this for more than 30 minutes before having to move around
3 points
5) Getting up from an upright arm-less chair without someones help.
Cannot
15 points
Cannot get up without holding on to something
7 points
Sometimes get up without holding on to something
3 points
6) Bending and kneeling
Cannot bend to touch knees and straighten up again
15 points
Cannot bend and kneel to pick up some-thing from the floor and straighten up again
15 points
Sometimes cannot bend and kneel to pick up something from the floor and straighten up again
3 points
7) Manual Dexterity
Cannot turn pages of a book with either hand
15 points
Cannot turn tap or cooker knobs with either hand
15 points
Cannot pick up 50 pence or smaller coin with either hand
15 points
Cannot use pen/pencil
15 points
Cannot tie a bow with string or laces
10 points
Can only turn on the tap or cooker knob with one hand and not the other
6 points
Can pick up 50pence or smaller coin with one hand and not the other
6 points
8) Lifting and carrying by using arms and upper body
Cannot pick up paperback with either hand
15 points
Cannot pick up ½ litre carton of milk with either hand
15 points
Cannot pick up and pour from full saucepan/kettle (1.7litres) with either hand
15 points
Cannot pick up and carry a 2.5kg (5 ½lb) bag of potatoes with either hand.
8 points
Can pick up ½ litre carton of milk with one hand and not the other
6 points
9) Reaching
Cannot raise either arm to put something in breast pocket
15 points
Cannot raise either arm to put on hat
15 points
Cannot put arm behind back to put on coat
15 points
Cannot raise either arm above head to reach for something
15 points
Cannot raise arm to put on hat
6 points
10) Speech
Cannot Speak
15 points
Speech cannot be understood by family/friends
15 points
Speech cannot be understood by strangers
15 points
Strangers have great difficulty understanding speech
10 points
Strangers have some difficulty understanding speech 8 points
11) Hearing with hearing aid or other
Cannot hear sounds at all
15 points
Cannot hear sounds well enough to follow T.V. programme with volume turned up
15 points
Cannot hear well enough to understand someone talking in a load voice in a quiet room
15 points
Cannot hear well enough to understand someone talking normally on a busy street
8 points
12) Seeing in normal daylight/bright lights with glasses or other aid
Cannot tell light from dark
15 points
Cannot see the shape of furniture in the room
15 points
Cannot see 16 point print for more than 20 cm(8ins)
15 points
Cannot recognise a friend from across the room 5 metres(18 ½ ft) away
12 points
Cannot see to recognise a friend across the road - 15 metres away
8 points
13) Continence
No voluntary control of bowels
15 points
No voluntary control of bladder
15 points
Loses control of bowels at least once a week
15 points
Loses control of bowels at least once a month
15 points
Loses control of bowels occasionally
9 points
Loses control of bladder at least once a month
3 points
14) Remaining conscious while awake (fits seizures etc)
Has involuntary episode of lost/altered consciousness at least once a day
15 points
Has involuntary episode of lost /altered consciousness at least once a week
15 points
Has involuntary episode of lost/altered consciousness at least once a month
15 points
Has had involuntary episode of lost/altered consciousness at least twice in last six months
12 points
Has had involuntary episode of lost /altered consciousness once in last six months
8 points

Personal Capability Assessment - mental disabilities
To pass the mental disabilites test you need to get 10 points in total, from the tasks listed below. If you score between 6 and 9 points and have 6 points from the physical disabilities test, you also qualify.

Completion of tasks
cannot answer telephone and take a message 2 points
often sits for hours doing nothing 2 points