Can I do any work whilst I am getting IS?

Most people with HIV will be claiming IS on the basis that they are incapable of work. Usually if you do any work at all, the DWP will class you as fit for work which means you can no longer claim IS.

There are some exceptions to this rule:

• If you are a single parent or a carer, then provided that you work for less than 16 hours a week, you can claim IS to top up your earnings.
• If you undertake employment under the permitted work scheme.
• If the amount of work you can do is restricted because of ill health or disability, then it may be possible to qualify for IS under the disabled worker rule (sometimes known as the 75% rule).

You will probably need a letter from your doctor confirming that the number of hours you can work, or the amount you can earn, is only 75% or less than that of someone without your health problems. This rule is rarely used, and you may want to get advice from a welfare rights worker before contacting the DWP.

How will my wages affect my IS?

If you fall into one of the three groups described above, then you can continue to claim IS while you do some part-time work. However, your IS will be reduced by your wages. The DWP will usually ignore the first £20 a week that you earn (although sometimes only £5 is ignored). After this, your IS will be reduced pound for pound by your wages.

If I stop work, could I go straight back onto IS?

If in the future you find that you have to stop work because of ill health, then you can claim IS again straight away.

If you had been claiming benefit on the basis of your incapacity for more than 28 weeks when you began work, and become incapable of work again within 52 weeks, you can reclaim benefit at the same rate as before under the 52-week linking rule.

This will be important, for example, if you had previously been paid Income Support at a higher rate, including, for example, a disability premium on the basis of long term incapacity for work, or help towards mortgage repayments.

If however, you are not covered by the 52-week linking rule, then when reclaiming Income Support you may find that you are entitled to benefit at a lower rate than before. You may then have to wait for up to a year to regain the Disability Premium or up to 39 weeks for help with mortgage payments.

NB: if you get any rate of DLA, this means you can qualify for the disability premium straight away.