Desperate for help - no income coming in.

[sliverman]

Hello, desperate times means desperate measures.

I hate asking for help but needs must.

 

We are a couple in our late 50's. I have been sick since 2004, but tried to carry on working until last year when I left my employment as I couldn't see a way of guaranteeing that I could be there evry day.

 

Having never claimed a benefit in our lives I went down to the Jobcentre. Eventually I claimed ESA and sent in my sick note. Everything was fine and we were receiving an income. I then had to go to a medical and a few weeks later my money stopped. Then I got a letter from them telling me that I was not sick enough to be given ESA anymore and should claim JSA instead. That was in August.

 

I then went down to the Jobcentre again and they arranged for me to claim JSA. Eventually my money started again. Then I had a meeting with one of the advisors in October who told me that because I had a sick note they had ruled that I could not be treated as looking for work so my money stopped again.

 

Since mid October we haven't had a penny from anybody. I went to the Jobcentre a few times in November and early December to find out what money we could have. Each time they told me to ring the ESA people which I had done many times.

 

The ESA people have told me that I cannot put in a new claim until at least February 2013 unless I have got worse, which I haven't, or have a new illness, which I haven't.

 

I also put in an appeal which the ESA people told me to, but that was refused in early November as they said that I didn't have any good grounds for making it late - I just didn't understand what I was supposed to do. The ESA woman on the phone had a right go at me for not following the advice in their letter and should have appealed months ago. I told her I had followed their advice and claimed JSA! What do I know about appealing?

 

Is this right that we can't have any more benefit money until next february? We have used all of our bit of savings we had and now there is nothingleft.

We have been getting food from the bank, but now they are getting funny as we are going to often.

 

We are having to rely on neighbours for some meals but Chrixtmas dinner will consist of sausage & chips!!

 

I would say that the housing have been brilliant, they sent someone out to see us and sorted that out after it kept stopping.

 

Any help please?

[Nystagmite]

Is your partner entitled to claim any benefits? It's possible for them to claim JSA and you be exempt from signing on.

[sliverman]

Is your partner entitled to claim any benefits? It's possible for them to claim JSA and you be exempt from signing on.

 

Hello,

We asked about doing that, but as my wife is looking after her mother who lives with us and needs 24/7 care the Jobcentre said that she wouldn't be allowed to claim JSA as she couldn't very well look after her mum and work at least 16 hours a week - it just isn't possible. But thanks for your advice.

[Nystagmite]

Does your wife receive carers allowance for looking after her mum? If so, she may get income support on the basis of a low income.

[Surfer01]

Also are you claiming housing and council tax benefit? Have you applied for DLA? If not, approach one of the DIAL centres near you to set it up. Don't try and do it on your own.

[SWLABR9]

It's worth mentioning in passing you're one of the tirumphs IDS boasts about when he proclaims his success in getting people off benefits. No-one has yet managed to hold to account for this.

[SWLABR9]

Also you should be contacting your MP about this. You can find them through here http://www.writetothem.com/ also your local Citizen's Advice Bureau.

[flumps1976]

If your mother in law receives middle/higher rate care element of DLA or Attendance Allowance then you wife needs to claim Carers Allowance and Income Support as a top up.

 

Alternatively has your medical condition worsened or do you have any new ailments that weren't previously mentioned on the previous claim for ESA?

[sliverman]

Does your wife receive carers allowance for looking after her mum? If so, she may get income support on the basis of a low income.

Hello

carers allowance??? No nothing like that. How would she claim that? Does she have to go into the Jobcentre and claim it?

 

We actually don't get anything from the government now, not since they stopped my JSA payments. I've said that we are now almost out of money, about £23 left on the debit card.

We have been using our credit cards to live off and pay the bills, but they are all nearly maxed out

[sliverman]

Also are you claiming housing and council tax benefit? Have you applied for DLA? Don't try and do it on your own.

 

Hello

Oh yes the council have been brilliant, once they realised that we had not been able to pay the rent after they stopped my ESA and then the JSA, they came round the house and we filled in some forms. The rent and council tax is all covered thank goodness.

 

DLA, do you mean for me, my wife or her mother? None of us claims anything now. Isn't DLA for disabled people? None of us is disabled, it's only me that is ill. My wife's mum gets her state pension and a bit extra from a pension that my father in law left but that is only a few pounds a week.

[sliverman]

If your mother in law receives middle/higher rate care element of DLA or Attendance Allowance then you wife needs to claim Carers Allowance and Income Support as a top up.

 

Alternatively has your medical condition worsened or do you have any new ailments that weren't previously mentioned on the previous claim for ESA?

 

Hello

No she doesn't receive any of that - she is not disabled, just old.

 

No it hasn't, the ESA people kept on asking the same question when I rang them up. My illness is no better or no worse than it was a year ago. It's still the same illness and I have the same medication given to me by the doctor.

[sliverman]

It's worth mentioning in passing you're one of the tirumphs IDS boasts about when he proclaims his success in getting people off benefits. No-one has yet managed to hold to account for this.

 

Hello

Thanks, it seems that way doesn't it.

[SWLABR9]

Sounds like the ESA people were trying to help you. I would suggest that the symptoms of your illness, due to the worry and stress you've been under which you're quite unnacustomed to, have indeed got worse. You may not have noticed, with everything else on your mind. Perhaps not to the point where you'd have to take more meds, but worse just the same. I suspect too that the more experienced eye of your doctor might percieve this where you can't. Perhaps this is something you should be considering discussing with him. Whatever, your health will be getting conspicuously worse pretty soon as you'll be starving to death. I'd pop along to the doctor's for a new certificate before this happens, if I were you, and apply for ESA again pronto.

[sliverman]

Also you should be contacting your MP about this. You can find them through here [ also your local Citizen's Advice Bureau.

 

Hello

 

Thanks for that, I never gave him a thought. I don't suppose he woud dig into his pocket and give out a bit of Christmas cheer.

 

MP's are all wind and baggy trousers! I'll write him a letter to see what he can do, but I can't see that it will be anything this side of the New Year.

[sliverman]

Sounds like the ESA people were trying to help you. I would suggest that the symptoms of your illness, due to the worry and stress you've been under which you're quite unnacustomed to, have indeed got worse. You may not have noticed, with everything else on your mind. Perhaps not to the point where you'd have to take more meds, but worse just the same. I suspect too that the more experienced eye of your doctor might percieve this where you can't. Perhaps this is something you should be considering discussing with him. Whatever, your health will be getting conspicuously worse pretty soon as you'll be starving to death. I'd pop along to the doctor's for a new certificate before this happens, if I were you, and apply for ESA again pronto.

 

Hello

 

I hear what you are saying, but honestly my illness is no worse. Of course I am stressed who wouldn't be, but that is not being ill it's just life. I know what the ESA people where trying to do, they wanted me to lie and say that I am a lot worse when I am not. I shouldn't have to do that.

 

We aren't going to starve or freeze to death, we do have about £95 a week coming in from my wife's mum which is a great help.

 

I try to look on the bright side of things, if I do have to wait until February it is only 8 weeks away

[estellyn]

OK things you need to do

 

Apply direct to the Tribunal service for a late appeal of the ESA decision, on the grounds that you were misadvised that claiming JSA was what you needed to do - explain that you were then turned down for JSA as being unfit, and trust me, the Tribunal should accept your late appeal.

 

Your mother in law needs to make an application for attendance allowance. Get help with this claim if possible from CAB, welfare rights or age concern.

 

While the claim is being assessed, your wife can claim income support as a carer on the basis of waiting for the AA claim decision. This will give you and your family income while waiting for the ESA appeal.

 

Also make sure your mother in law gets a benefit check from whoever helps with the AA form to make sure she's claiming everything she's entitled to - £95 a week is less than she should be getting.

[sliverman]

OK things you need to do

 

Apply direct to the Tribunal service for a late appeal of the ESA decision, on the grounds that you were misadvised that claiming JSA was what you needed to do - explain that you were then turned down for JSA as being unfit, and trust me, the Tribunal should accept your late appeal.

 

Your mother in law needs to make an application for attendance allowance. Get help with this claim if possible from CAB, welfare rights or age concern.

 

While the claim is being assessed, your wife can claim income support as a carer on the basis of waiting for the AA claim decision. This will give you and your family income while waiting for the ESA appeal.

 

Also make sure your mother in law gets a benefit check from whoever helps with the AA form to make sure she's claiming everything she's entitled to - £95 a week is less than she should be getting.

 

Hello & Merry Christmas.

 

Christmas day it is but it doesn't feel like it to me. Can't sleep, worried sick & I sometimes wish I was a child again and everybody else did the worrying for me. there is no magic anymore just heartache.

 

How do I apply to the Tribunal? Misadvised, no one misadvised me or advised me, I just read the letter and it said that I should now claim JSA.

Are you serious? Her mum would not go to Age Concern. She's a private person and not one for talking about tings or asking for help from charities. She doesn't even know that I get food from the bank!

 

So get me right, you are saying that to get matters right her mum has to go looking for welfare? Then things should fall into place? That's a tall order.

 

I'll speak with my wife in the morning - she's sleeping at the moment thank goodness. First time for a few nights. I have to stay up incase her mum wakes in the night.

 

Not much of a life really but you just have to make do with what cards you are dealt I suppose.

 

Thanks and goodnight.

[antone]

Merry Christmas to you too, and I'm sorry you're having to deal with this at such a time of year. Hope you have the best day you can.

 

How do I apply to the Tribunal? Misadvised, no one misadvised me or advised me, I just read the letter and it said that I should now claim JSA.

 

Claiming JSA was not your only option following the denial of your ESA - you had the right to appeal that decision, and you should have been clearly advised of that fact. If you were not so advised, you should appeal now on the basis of being misadvised. As Estellyn said, you should make this appeal directly to the Tribunal. You can contact your nearest DWP office or Citizens Advice Bureau to get the address you need.

 

Now, regarding your Mother in Law. She may not like the idea of claiming "welfare", but from what you've said, you and your wife are suffering hardship because she needs care. It doesn't matter if she has some sort of recognised "disability" or not - she obviously needs care, and that's the basis on which DLA and Attendance Allowance are awarded. Does she need help with her personal care? Can she cook her own meals? If she needs to pop down the road for a pint of milk, can she do it on her own? No need to answer these questions in a public forum, I'm just pointing out the sorts of issues that would be considered when a benefit application is adjudicated.

 

So get me right, you are saying that to get matters right her mum has to go looking for welfare? Then things should fall into place? That's a tall order.

 

Understood. My grandmother was a lot like this, but in the end she was persuaded to seek the assistance she was entitled to. Your MIL will be causing problems for your wife (and you, of course) if she doesn't seek help. And she's entitled to claim help when she needs it - that's the whole point of the system, and it hasn't (yet) been completely dismantled.

[estellyn]

Yes, antone pretty much said it all.

 

You're in a difficult situation and you need income. It sounds as if you need to have a frank conversation with your mother in law (not necessarily on christmas day!), about the realities of the current situation. You don't necessarily need to approach an agency like age concern for help. The first thing you could do is tell your mother in law she may be entitled to additional pension she can claim (pension credit), this can easily be claimed over the phone 0800 99 1234. If she is over 65 then it is also attendance allowance that she would claim (you could fill in the form - lots of people do) - the way I broach this with....hesitant older clients with a carer, is to say that this is an allowance to pay for your daughter to be able to stay at home and look after you, and in order to apply the DWP need to know how much help you need and with what. It's all in how the allowances are presented to the older person. I've come across similar situations many times - carers in financial hardship because an elderly parent refuses 'welfare', meaning the carer's allowance and income support can't be claimed by the carer.

 

Covering both bases by covering the ESA appeal and the carer benefits for your wife (plus maximising your MIL's income) is the best way forward. But only you and your wife can make the decision on how to proceed.

[Nystagmite]

Has MIL had a benefits check too? I believe Age Concern can do this.

[Invalidation]

Have you called Turn2Us.

They advised me of everything I was entitled to, and the call is free

 

http://www.turn2us.org.uk/