Written question asked by Countess of Mar (Crossbench), in the House of Lords. It was answered by Lord Hunt of Kings Heath (Labour) on Wednesday, 16 November 2005.

Chronic Fatigue Syndrome

Question: What benefit options are available for individuals who have been diagnosed with chronic fatigue syndrome/myalgic encephalomyelitis (CFS/ME) and who have had their incapacity benefit withdrawn because they are deemed fit for work following a medical examination whilst they appeal against the decision.

Answer: People appealing against a decision to disallow an incapacity benefit award following a determination that the threshold of incapacity is not met may register as available for work, and can qualify for jobseeker’s allowance, pending the outcome of the appeal. Doing so will not prejudice their appeal. They will need to be available for and actively seeking work, but only within the limits of their physical or mental condition.People who do not make themselves available for work pending the appeal may claim income support, but a reduced personal allowance is payable. Entitlement to national insurance credits would be affected if the appeal tribunal subsequently confirmed the disallowance decision.

Secondary information

Type: Written question
Reference: 675 c146WA; 2106
Session: 2005-06
Subjects: Appeals Benefits rules ME/CFS Incapacity benefit Medical examinations Social security benefits
Link: View this Written question on www.publications.parliament.uk