PleaSe Help - DWP says I can't claim for being sick any more.

[incrediblesulk]

PleaSe Help - DWP says I can't claim for being sick any more.

Well, in so many words anyway, grab a cuppa here's the low down:

 

I live with my partner Claire who works 30 hours a week; she has a 15 year old daughter who will be going to College in September so they'll be stopping the Child Benefit too.

 

Anyway:

Claire gets:

• Wages - £760 a month (£9,186 a year) for working 30 Hours a week
  
• Tax Credits - £310 a month
  
• Child Benefit - £81 a month (will end in September when her daughter goes College)
  
• Council Tax Benefit - £0
  
• Housing Benefit - £72.34 a week
  

(Obviously the Council Tax and Housing Benefits are for us both not just Claire).

 

I WAS getting

• ESA Contribution Based (apparently) - £108.05 a week
  
• DLA (now 'PIP' which will end in October) - £20.55 a week
  

 

Okay, here's the news: The Council phoned me yesterday saying they're reassessing our Housing Benefit claim because 'your ESA ends on 16th March' (thanks DWP for not telling me) so I just phoned them and they said you can only be on ESA for a year and my year was up so here's my options:

 

1. Income Related ESA
   
2. Support Group - They said I can't join this as it's for severely disabled/dying people
   
3. JSA (£71 a week and you have to look for work)
   

 

DWP told me I'd get £0 for option1 as Claire works (what if she cuts it to 16hours a week???), option2 they said doesn't apply to me as have Clinical Depression and an Upper Thoracic Injury, so I'm left only with option3 - JSA IE You're not allowed to be Sick

 

So what do I do? I've had it!

I could just move out and hopefully me and Claire would be better off.

I could just hang myself from a tree outside DWP the next time I get down.

I could claim JSA and have to look for jobs even though I have Clinical Depression and a spinal neck injury.

...DWP going to phone me tomorrow about me trying for a Income Related ESA claim even though they already told me I'll get £0...

 

 

ANY advice/intervention gratefully received.

 

Be Warned: DWP didn't tell me they were even stopping my money, the Council told me. There's no way I'll get a claim (for what exactly??) by the 16th March so we'll probably lose our home anyway (we pay a private landlady)..so deeply in the sht.

[Nystagmite]

The child benefit won't stop unless her daughter doesn't go to college and works (not sure about apprenticeships) instead.

[estellyn]

child benefit won't stop if the college is classed as full time.

Claire may be able to get increased working tax tax credits from 6th April based on decreased household income (she'll need to phone up on or after 6th April).

You both should qualify for increased housing benefit (if your eligible rent is higher than your current award).

You may now qualify for some council tax benefit.

PIP is much more generous for mental health conditions, so you may qualify for a higher PIP award.

 

Hope that helps.

[Kevin Bolt]

Your HB will increase as you income has decreased, although you may be hit by the "bedroom tax" if your daughter is away from the home at college.

 

You may well be entitled to some support under your local authorities Council Tax Support Scheme (this will vary according to your local authority).

 

What are Claire's wages (net & gross) as the figure you have given only gives an hourly rate of £5.89 (from the yearly figure) or £5.85 (from the monthly figure). Both of these are below the minimum wage.

[incrediblesulk]

Before I answer: DWP just phoned back, the woman had a real attitude but basically told me I wouldn't get JSA either cuz of Claire's wages so ALL I'll get is my DLA - if I didn't get that (which ends in October) I'd be penniless. This is going to cause a lot of relationships to end and major poverty, how am I supposed to live on £0?

 

Ok, answers:

I think College would be classed as full time as she'll go there 3 days a week + 1 day placement.

 

Claire's gross pay is usually £760/month, this month she had some sick time so it was £745.83 gross, £718.41 Net. She earns £6.19 an hour.

[jadeybags]

College will still be classed as full time. My daughter will be doing between 16 & 20 hours a week come september at college. Can't remember for sure but at least 12 hours rings a bell. I know, sounds low, but I think they class that as full time!

Can't help with the rest tbh.

[flumps1976]

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

if you put your household circumstances and figures into this calculator it should give you a fairly accurate result for any benefit help you may be entitled to.

you may be entitled to tax credits as a family unit and whilst your dla is in payment you would probablt get a disability premium in the award, will your dla actually end in october or is due to be renewed in october if you still have entitlement to it.

[incrediblesulk]

Stop The Press! Now I Have To Do Medical To Get My NI !

 

I got a letter this morning telling me to go to that notorious Otos healthcare; I phoned them asking why should I, after I now get £0 from the DWP; they said it's so I still get my NI paid; is that even legal?

This is starting to feel like a personal vendetta now!

[Nystagmite]

What they're telling is right. However, you're under no obligation to claim for NI.

[**Margaret**]

:incrediblesulk:

 

From what you've written I'm assuming you were in receipt of employment n support allowance, with the work related activity component, that was based on your national insurance contributions record at the time of the award. After twelve months, the choice is whether to continue with your claim for national insurance credits only (towards your state pension) or close it cos the credits aren't worth the stress of a work capability assessment.

 

But, housing benefit processors aren't employment n support advisors;

 

They've no more idea than me as to the outcome of another work capability assessment.

 

The £108 suggests that you were previously in receipt of incapacity benefit which means you're unlikely to have enough contributions to be paid jobseekers allowance.

 

Don't want to give you false hope, but if I were you I'd at least look at the criteria for the support group which can be found at;

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

 

Have a read, then make an informed choice about whether to go for the assessment.

 

Have you received an ESA50?

 

Best wishes, have a cheery , Margaret.

Edited March 16, 2013 by **Margaret**

[incrediblesulk]

Thanks Margaret,

I was on ESA (Contribution based apparently) and had to go to a couple interviews before they left me broke.

Seeing as they've stiffed me and left me with £0 I feel like opting out of their NI that way they got the finger, they've left me to starve and suffer so why should I do anything for them? All they care about is I count as 1 less on the Dole/Sick; perhps I could change my surname and yell 'Racist'..

 

It wasn't Housing Benefit who told me I'm entitled to nothing, THAT was DWP.

 

I'll have a look at that form but to be honest I am trying to find legal advice..what happened to "The Law says you're entitled to.."?

[Nystagmite]

It's because you have a partner who is expected to support you.

[antone]

Contribution based benefits aren't based on "what the law says you need to live on", they're based on your NI contribution record. Unfortunately, a year or so back this government changed the law about ESA© to restrict it to 365 days for those who are in the WRAG. If you were to be placed in the Support Group, this restriction would not apply. Because of Claire's work, you would not qualify for ESA(IR).

 

Is this fundamentally unjust? I think so, but challenges to the current situation need to be political, not legal.

 

As to your NI contribution, well, it's up to you - as mentioned, you are not obliged to continue to claim ESA if you aren't concerned about your NI record. But it won't hurt "them" (assuming you mean the government/DWP) in the slightest if you decline to participate for NI reasons.

[ellie12022]

Have a look at this http://blacktrianglecampaign.org/2012/11/16/important-how-to-gain-exemption-from-dwpatos-fit-for-work-wrag-decisions-by-applying-esa-regulations-29-and-35-new-campaign-by-black-triangle-dpac/

[incrediblesulk]

So what happens about the Medical?

 

What I mean is, why are they getting me to even do it when they've already stopped my money = £0, DLA is now PIP (£21 a week) and will end in October leaving me penniless. Why should I do what those little Hitlers say? I guess they'd just stop our Child Tax/Working Tax/Housing Benefit/Council Tax benefit (if we get any)?

 

If all they hold on me now is NI I'd rather break free from them and pay my own somehow because right now I feel worthless, my depression has got really really bad and I am thinking more and more about hanging myself or cutting the rope when I climb next; that's a lot easier than being a worthless, invisible piece of sh?t cuz that's how they've made me feel.

[ellie12022]

Please don't let faceless corporations define how you see yourself, and please get some help. If it's not worth going to the assessment then cancel your esa claim, if you need to you can always claim again. Do you have a renewal date for your DLA or is it indefinite?

 

Nobody is worthless, our worth is not based on our usefulness to government!

[flumps1976]

Although you aren't receiving payment of ESA any more you are still having your NI record updateded every fortnight amd still fall into the ESA statistics so will still be subject to the medicals/assessments.

Unless you can appeal and be successfully placed into the support group you won't receive further payment of ESA so you can either attend the assessment and pass or fail it, not attend and have your claim closed for that reason or close the claim yourself.

 

as ellie12022 states I also hope you can find soome help and advice

[incrediblesulk]

I don't see why I SHOULD attend their farce medical or go to some b/s back to work/work for nothing scheme when all I get from them is my NI; if they want to treat me like a nobody then why SHOULD I bow down to them?

As they're paying me £0 could I just pay my own NI (how) and tell them to fk off; if I did that would they stop my DLA (PIP which they will end in October anyway), Housing Benefit, Child Tax Credits and Working Tax Credit that Claire gets?

[antone]

I don't see why I SHOULD attend their farce medical or go to some b/s back to work/work for nothing scheme when all I get from them is my NI; if they want to treat me like a nobody then why SHOULD I bow down to them?

As they're paying me £0 could I just pay my own NI (how) and tell them to fk off; if I did that would they stop my DLA (PIP which they will end in October anyway), Housing Benefit, Child Tax Credits and Working Tax Credit that Claire gets?

 

There is no need to attend the medical if you don't want to. They will not stop any other benefit as a result. Your HB and Claire's WTC might increase as result of your not receiving ESA©, so you should inform the relevant departments ASAP. The only other reason I can think of why you might wish to attend the medical is that if you were placed in the support group as a result of it, the 365 day limit would no longer apply and your ESA payments would restart.

 

If there is a shortfall in your NI for a particular year, HMRC will normally write to you and ask if you wish to pay this shortfall. Whether you do so or not is entirely your choice.

[incrediblesulk]

UPDATE:

I didn't go to the Medical as all of this made my depression severe; I was talked down from jumping off a local bridge but am starting to make a comeback.

Today I got a letter saying I didn't turn up for my medical (why should I, they pay me nothing) and now want to know why or they'll stop my NI.

It's all a [problem] to cut down the numbers on the sick; they'll leave us penniless or thieving then wonder why the UK is a crime centre.

 

So what if they stop my NI? What does that effect? Do I need to pay it myself?

 

They see me as nothing, a piece of sh?T so why should I bow down to them and let then rule my life and mood this way?

 

Westcountry TV phoned to interview me, I need to phone them back..

[EagerElephant]

You need to think about still claiming ESA (but getting no money) as even if ESA stops because you are contribution based and it has been 1 year you still get extra premiums in your Housing Benefit because you are still unfit to work but not receiving any money.

 

I understand you get DLA but this is only low rate so will go and check whether you should continue with ESA or not to make the most of your claim (some of the premiums are the same with ESA and DLA)

[EagerElephant]

Hi

 

I have done some quick calculations and because you receive DLA you already get a disability premium in your HB (the extra premium for being on ESA © that has finished is worth less but is not added if you get the disability premium).

 

I think that unless you can get into the Support Group then you are better off stopping your ESA claim unless you really want your NI contributions.

 

As someone said before - now that your income has dropped you will be entitled to full rent (up to LHA level) and full council tax benefit plus your income for Tax Credits is £0 for this new financial year so you should get some extra CTC/WTC but of course any extra means you might lose some HB/CTB.