benefit issues

[Surfer01]

I had temproary work from July until mid October when I was laid off due to my arthritis flaring up making it difficult for me to continue work. I then went straight onto ESA supplying the sick notes with the last one taking me to January 2010. It is to be hoped that I will then be fit enough for work and move across onto JSA.

However in the meantime I have had to complete a medical questionaire for ATOS regarding my disability which flares up unexpectedly from time to time. I have to use elbow crutches to walk and other aids for dressing, but feel that I am capable of sitting behind a keyboard doing some work plus you get more than when on benefits.

If I move from ESA to JSA, will I still be required to go for the medical examination as I hope to be "fit" for work even though 60 and with a disability?

Although it seems unlikely, there is a small concern that I may be deemed to be unfit for work as I have to have physio daily and hydrotherapy once a week. The daily physio is done at home by a trained person from social services and the hydro at the hospital which is about 12 miles from our residence and I have to go by car and have some one with me to help me dress.

Are the ESA and JSA counted together for the 26 weeks? I have been applying for jobs over the past two weeks, but I am not even get a response so probably be on JSA for awhile.

[ErikaPNP]

You would not be required to have a medical assessment if you are on JSA, but to receive JSA you do have to be fit for work.

 

When you ask if they are counted together for the 26 weeks, what is this in relation to? Is it to contributions or in relation to the more in depth job search at 26 weeks?

[Surfer01]

I am on contributions based ESA at present. I assume that this is taken into account when claiming JSA which means I can only claim JSA for another 3 months if passed fit for work instead of 26 weeks.

[MadonnaFan]

When you go back onto JSA, you will continue what you have left from your contributions, so say you used up 2 months on ESA of contributions, then you will have 4 months left when you move back on to JSA.

 

That's what happened to me, I used 3 months worth of contributions on ESA and then I decided to go back on to JSA and only had 3 months worth of contributions left.

 

I hope everything gets sorted soon for you, have a nice christmas

[Surfer01]

At present I am on ESA Contribution based and have been so for the past month, but I may be better off on Pension Credit as my spouse only works 20 hours a week. I receive DLA as unfortunately I have what is known as a progressive disease.

We had a DWP advisor around for the Pension Credit and she suggested me dropping the ESA. Also if and when I am fit enough for work I can look for jobs at my own pace and will not have to sign on every two weeks. It costs me £5 to travel to sign on as we live in a rural area.

Even if I return back to JSA I only have 4 weeks JSA Contribution based left. Should I look at going onto Pension Credit and if so, how do I go about it without upsetting the apple cart. Also saves the hassle of an ATOS medical if the doctor decides I should postpone going back to work in the near future.

[RaeUK]

Surfer01, you do know that the Jobcentre can pay travel expenses? Apparently they're not encouraged to tell you but if you ask you'll be given a form to complete and the money will be in your bank quite quickly thereafter...

Best wishes

Rae

[Surfer01]

Actually I didn't know and I suspected along with a few thousand other people.

[RaeUK]

That's what I think. I was surprised when I found out on my fifth or sixth visit! I live rurally also and it covers the fuel cost nicely - it's done on a mileage rate but I've forgotten what it is!

Best wishes

Rae

[Surfer01]

I think that the main advantage of going onto Pension credit is that it is easier to switch on and off than it is to go through the whole process of applying for JSA every time you are laid off working on the basis that at my age I will only probably get agency temporary work from time to time.

There is no financial advantage with JSA or ESA as your weekly benefit is fixed at £202 excluding housing & council tax os if you have JSA or ESa` that is subtracted from the credit pension amount amount less any income your spouse may have.

[ANDYANDFLO]

I think that the main advantage of going onto Pension credit is that it is easier to switch on and off than it is to go through the whole process of applying for JSA every time you are laid off working on the basis that at my age I will only probably get agency temporary work from time to time.

There is no financial advantage with JSA or ESA as your weekly benefit is fixed at £202 excluding housing & council tax os if you have JSA or ESa` that is subtracted from the credit pension amount amount less any income your spouse may have.

 

Hi not forgetting that DLA/AA is not included in the calculation of available income. Also, when considering DLA/AA, there are additional premiums given on top of the £202.40 for disability. Couple rates go from an additional £53.65 if one is disabled to £107.30 if both are disabled! Also there is the Carers premium of £30.05 - all per week figures.

And savings of up to £10,000 are ignored BUT do count for additional Pension Credit payments.

thanks

[Surfer01]

Hi not forgetting that DLA/AA is not included in the calculation of available income. Also, when considering DLA/AA, there are additional premiums given on top of the £202.40 for disability. Couple rates go from an additional £53.65 if one is disabled to £107.30 if both are disabled! Also there is the Carers premium of £30.05 - all per week figures.

And savings of up to £10,000 are ignored BUT do count for additional Pension Credit payments.

thanks

Thanks. Unfortunately we no longer have any savings. My wife has recently inquired about a carer's allowance as she looks after me. Unfortunately again there is a possibility that she may have an ongoing progressive medical problem but is still undergoing tests. At present she only works 4 hours per day or 20 hours per week. Her net income is about £112.

[Surfer01]

Still not sure how to go about moving off ESA and asking to go onto Pension credit. It now seems according to our GP that it is highly unlikely I will be able to work again due to my ongoing and some new medical conditions.

Do I just phone up and cancel ESA and ask to go onto Pension credit?

[ANDYANDFLO]

Still not sure how to go about moving off ESA and asking to go onto Pension credit. It now seems according to our GP that it is highly unlikely I will be able to work again due to my ongoing and some new medical conditions.

Do I just phone up and cancel ESA and ask to go onto Pension credit?

 

Yes you can cancel the ESA and claim Pension Credit. The only trouble with that is that you would be without the ESA whilst PC was sorted out. A drop in your income for a while - you would of course get it backdated but if losing a source of income is your main problem, then claim PC AND ESA as the PC would be reduced by the ESA received. From my own experience it took 20 weeks before PC was put into payment. Once it is up and running you could then cancel the ESA and your PC would go up to match the loss.

To claim - either get the Pension Service to come to your home, make a telephone claim or get a claim form off the web.

[Surfer01]

Yes you can cancel the ESA and claim Pension Credit. The only trouble with that is that you would be without the ESA whilst PC was sorted out. A drop in your income for a while - you would of course get it backdated but if losing a source of income is your main problem, then claim PC AND ESA as the PC would be reduced by the ESA received. From my own experience it took 20 weeks before PC was put into payment. Once it is up and running you could then cancel the ESA and your PC would go up to match the loss.

To claim - either get the Pension Service to come to your home, make a telephone claim or get a claim form off the web.

 

Apologies i shoudl have mentioned this earlier. I have already applied for Pension Credit as my wife's income is dropping down to SSP within the next week and they have already visited my home to verify my credentials. When they did, with ESA and my wife's income which included occupational sick pay brought our total to just under the £202 per week which is the minimum the government say you can live on.

[ANDYANDFLO]

Apologies i shoudl have mentioned this earlier. I have already applied for Pension Credit as my wife's income is dropping down to SSP within the next week and they have already visited my home to verify my credentials. When they did, with ESA and my wife's income which included occupational sick pay brought our total to just under the £202 per week which is the minimum the government say you can live on.

 

Hi ....plus DLA!! and possibly a disability premium to be added to the £202

[Surfer01]

Hi ....plus DLA!! and possibly a disability premium to be added to the £202

 

I already get DLA but not sure about disability premium being added to the £202. I think I will leave it until next week, then stop my ESA and move across onto Pension credit as my wife's income will only be SSP less £25 for her pension. It seems highly unlikely I will ever be able to work again due to medical problems.

Unless I get Pension credit almost immdeiately there is no ways we could live on about £55 per week. Our groceries on their own come to almost as much never mind the petrol getting to the store.

We always assume that we spent about £40 on groceries a week until we decided to keep all the slips for everything that we bought. Over a month it averaged out at £65 per week and that was being economical. Gave us a reality check!

[ANDYANDFLO]

I already get DLA but not sure about disability premium being added to the £202. I think I will leave it until next week, then stop my ESA and move across onto Pension credit as my wife's income will only be SSP less £25 for her pension. It seems highly unlikely I will ever be able to work again due to medical problems.

Unless I get Pension credit almost immdeiately there is no ways we could live on about £55 per week. Our groceries on their own come to almost as much never mind the petrol getting to the store.

We always assume that we spent about £40 on groceries a week until we decided to keep all the slips for everything that we bought. Over a month it averaged out at £65 per week and that was being economical. Gave us a reality check!

 

The following is an extract in respect of the disability premium

 

The additional amounts are as follows.

Severe disability

 

Amount

Single person

£52.85

Couple – one qualifies

£52.85

Couple – both qualify

£105.70

Where a person is single, s/he will qualify for the lower rate of the severe disability additional amount if:

s/he is in receipt of Attendance Allowance, the care component of Disability Living Allowance (DLA) at the middle or high rate, Constant Attendance Allowance or Exceptionally Severe Disablement Allowance; and

no one aged eighteen or over is residing with her/him; and

no one is receiving a Carer's Allowance (CA) for looking after her/him.

Where a person has a partner, s/he will qualify for the lower rate of the severe disability addition if:

s/he and partner are both in receipt of Attendance Allowance, the care component of DLA at the middle or higher rate, Constant Attendance Allowance or Exceptionally Severe Disablement Allowance; or

one partner is in receipt of Attendance Allowance, the care component of DLA at the middle or higher rate, Constant Attendance Allowance or Exceptionally Severe Disablement Allowance and the other is registered blind; and

no one aged eighteen or over is residing with the couple; and

no one receives a CA for looking after one of the partners in receipt of one of the above benefits.

The higher couple rate of the severe disability addition is payable where:

a person and her/his partner are in receipt of Attendance Allowance, the care component of DLA at the middle or higher rate, Constant Attendance Allowance or Exceptionally Severe Disablement Allowance; and

no one aged eighteen or over is residing with them; and

no one receives a CA for looking after either partner.

 

The following refers to the carers premium

Carer

 

Amount £29.50

A person will qualify for this additional amount if s/he or her/his partner:

is in receipt of CA; or

is entitled to and would be in receipt of CA but for the fact that s/he is in receipt of a benefit which overlaps with CA.

If a person has a partner who also receives a CA, then the additional carer’s amount is awarded twice.

When a person’s entitlement to CA ends, the carer’s addition will continue for eight weeks.

Hope this helps

[Surfer01]

Thanks for the above. My wife cares for me on a daily basis but has not claimed carer's allowance due to her earnings. However due to the recent medical diagnosis she will probablity qualify for DLA lower care and mobility elements.

As her SSP will only be about £55 for the next 18 weeks I am not sure if she can claim carer's allowance but have submitted details to them in the meantime. Again thanks for the input.

[Surfer01]

My wife who is a factory worker and 58 years old has been on the sick for 28 weeks due to oestoarthritis in her hands, wrists and arms and now that it has run out applied for ESA. She was told that she would need to go for an ATOS medical.

Her arthritis prevents her from doing repetitive work which is why she cannot no longer do her job and the factory does not have a suitable vacancy for her at present.

Obviously ATOS more than likely will state that she is fit for work and that will leave her with a quandry as factory has no suitable position.

Can the DWP make her resign from her current job and look for other work at another place? If she so, she would lose a very good pension plan. We will be continuning to pay into her pension scheme on a weekly basis out of my pension or if she gets ESA in order to keep it up. It is less than £25 per week.

My wife is worried sick about this although I told her that we will take one day at a time. I am on pension so we fall in to the low income bracket. Can any one offer and advice on whether she can be made to change employer or have ESA cancelled?

[Surfer01]

Bump

[ErikaPNP]

They can't make her resign, no. But if she is placed in the WRA Group she would have a work focused health related assessment (WFHRA), and need to participate in work focused interviews (WFI's), during which an advisor would draw up an action plan which outlines activities which she could undertake to help her move into employment more suited to her condition.

[Surfer01]

Thanks Erika. The concern here is the loss she would suffer by changing employers as she would lose a considerable amount on her personal pension plus benefits which is what is really worrying her. A specialist, not DWP linked, has already assessed her and has advised against working for longer than 4 hours on any day.

She did return to work a few months agpo but they sent her home again as she coudl nto do anything constructive. the company as been very supportive but being a manufacturer limits openings when repetitive work is nto required.

[honeybee13]

Hello there. As regards the pension benefits and possible loss, is this something you could post on the employment or insurance forum? Either way, you'll end up with me and maybe some others. But private or personal pensions may not be relevant to this forum.

 

My best, HB

[Surfer01]

Honeybee this relates to benefits and a possible knock on effect on a occupational pension due to ESA rules so I like to think it is in the appropriate forum. If it is moved to a pension forum I will probably be told that it is a benefit issue and we will then start to play ping pong.

[honeybee13]

Point taken, Surfer. I'll keep out of the ESA debate and leave you in the good hands of the guys, but if you have pension or benefit questions I can help with later, I'll do my best if you post them. It's an interesting question if the DWP are trying to get someone to walk away from valuable benefits.

 

As an aside, do the benefits include a policy that covers employees who are too ill to do their normal jobs? This would normally include the inability to do the full hours, and a benefit would make up the shortfall, less an allowance for ESA usually. The name is normally something like Income Replacement or Permanent Disablity, often with 'Group' thrown in if it's run by an employer.

 

My best, HB