9 Welfare benefits
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4. If you are having a baby or adopting a child
5. If you have children to look after
7. If you are ill and can't work
If you are off work sick, you may qualify for:
- Statutory Sick Pay (and possibly also contractual sick pay from your employer) for the first 28 weeks;
- Incapacity Benefit (on top of any contractual sick pay you receive from your employer), if you are still ill and can't work after 28 weeks.
If you are self-employed or unemployed, you cannot receive Statutory Sick Pay, but you may be able to claim Incapacity Benefit while you are sick if you have paid National Insurance contributions within the last three years. Otherwise, you may be able to claim Income Support, but only if you are on a low income and meet the other conditions.
If you are sick and you became unable to work when you were under 20 (or 25 in certain circumstances), and have never worked since then, you may qualify for Incapacity Benefit. Otherwise, you may get Income Support if you are on a low income and meet the other conditions. Some people may be getting Severe Disablement Allowance because they can't work, but you cannot make a new claim for this benefit now because it has ended.
In November 2008 the system is changing for people who need to claim benefits because they are ill and can’t work. Instead of Income Support and Incapacity Benefit, you will need to claim for a new benefit called Employment and Support Allowance. However, if you are already claiming Income Support and Incapacity Benefit, you will not change to the new benefit.
If you had a period on benefits because you were too ill to work, and you are still disabled when you return to work, you may qualify for a higher rate of Working Tax Credit to top up your earnings.
If you have been injured at work
As well as the Statutory Sick Pay or Incapacity Benefit already mentioned, you may be able to claim Industrial Injuries Disablement Benefit if you:
- have an accident at work; or
- suffer from one of a list of diseases caused by your work.
You must have been an employee when you were injured or when you contracted the disease, and the injury or disease must have happened because of your work. To claim this benefit, you do not have to prove that your employer was at fault, but you should speak to a solicitor in case you can also take legal action against your employer.
9. If you are just starting work
10. If you have retired or are about to retire
11. If your husband, wife or civil partner dies
13. What must I do when I claim?
14. What if I disagree with a decision about my claim?
15. What if I´ve been badly treated?
This leaflet is published by the Legal Services Commission (LSC). It was written in association with Rachel Hadwen, a specialist in welfare rights.
Leaflet Version: June 2008