I found this in my search-engine heap – “human rights and Incapacity Benefit”.
All I can say is Ha!
Incapacity Benefit – all benefits – are not rights. You can only get them if you qualify (and sometimes, as with DLA, not even then).
You could argue that, as you have a disability, you qualify for disability benefits, but it doesn’t work that way. You have to not only be disabled, you have to be sufficiently disabled to qualify. And sometimes, as you’ll see on one of my COPD post’s comments, even having no legs and COPD sometimes isn’t sufficient.
Personally, I believe it’s high time someone took the DWP to the International Court of Human Rights, for denying benefits to people who clearly meet all the necessary criteria, but who would fund that? Anyone with sufficient money to launch a case against the DWP probably wouldn’t need to claim benefits anyway.
So, nice idea, never gonna fly…