Changing from ESA to Income Support

[Lizi18]

Hi im wondering if anyone can help me my partner has been on esa for a while hes got a medical coming up and he suffers from depression and aggraphobia aswell as ibs syndrome he cant make it to the medical and was wondering would it be possible for us to claim income support instead as i think it would be a lot easier without having the pressure of the medicals. Ive tried getting advice online but im not really getting anywere. I dont currently claim carers allowance as we are on the income related esa and didnt know if we would be entitled to it i didnt want to put a claim for income support in cancel the esa and then find out we werent entitled to it and be stuck can anyone help id be really grateful ?

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you as you posted on an old thread. I expect the guys will be along over the course of the day with advice for you.

 

My best, HB

[Lizi18]

Hello and welcome to CAG.

 

I've started a new thread for you as you posted on an old thread. I expect the guys will be along over the course of the day with advice for you.

 

My best, HB

 

 

Hi thanks very much how do I find the new post?

[antone]

Does your partner receive DLA at middle or higher rate care? If so, you could claim Carer's Allowance and IS as his carer. That's the only way I can think of that you could do this.

[Lizi18]

Hi thanks for replying i had never heard of PIP before until today ive looked into it and it does say that he could be entitled to it as i do have to help with day to day things im just bothered about applying for it all and cancelling the esa claim and then it getting turned down. But then again as his medical is in a week and a half if i know i can get IS and pip for a fact i can cancel the medical and put a claim in for the IS im just on eggshells as nothings for sure and im not really clued up on benefits on what i can and cant claim

[Nystagmite]

PIP is paid for care and /or mobility needs. You can claim this and ESA at the same time. PIP isn't counted as income.

[Lizi18]

Ill try and apply for it in the morning if it gets refused it gets resfused can only try thanks for all your help

[solbert]

i think it would be a lot easier without having the pressure of the medicals.

 

Are you saying that it would be easier to get the same money from IS as with ESA because there are no conditions attached to an IS claim?

 

 

It is almost the same as saying that for those that are over 61 and claiming income based ESA should consider claiming Pension Credit instead because there are no conditions attached to that either?

 

 

To me that is playing the system.

[Lizi18]

No not at all it was incase they stopped the esa ive read a lot of people on here got told they are fit for work from the medical assesment when they clearly arent i wanted to know if this was the case what other options do we have as i read a post on here about someone who changed from ESA to IS and wanted to know if it was possible

[antone]

Are you saying that it would be easier to get the same money from IS as with ESA because there are no conditions attached to an IS claim?

 

 

It is almost the same as saying that for those that are over 61 and claiming income based ESA should consider claiming Pension Credit instead because there are no conditions attached to that either?

 

 

To me that is playing the system.

 

You're entitled to your opinion, I suppose. Your assumption that we are also entitled to your opinion is what's irritating.

 

I can't think of a way to spin "claiming benefits to which one is entitled" as "playing the system".

[45002]

Hi im wondering if anyone can help me my partner has been on esa for a while hes got a medical coming up and he suffers from depression and aggraphobia aswell as ibs syndrome he cant make it to the medical and was wondering would it be possible for us to claim income support instead as i think it would be a lot easier without having the pressure of the medicals. Ive tried getting advice online but im not really getting anywere. I dont currently claim carers allowance as we are on the income related esa and didnt know if we would be entitled to it i didnt want to put a claim for income support in cancel the esa and then find out we werent entitled to it and be stuck can anyone help id be really grateful ?

If you just want to claim Income support just to get out of a medical,then that is totally wrong of you to ask that on a public forum in the 1st place

 

You can loose ESA for not attending a medical without good reason and if your money is stopped, you appeal that decision No esa is payable until you have a medical.

 

The only alternative in that case is to claim JSA and all that entails ...

Edited January 2, 2014 by 45002

[antone]

If you just want to claim Income support just to get out of a medical,then that is totally wrong of you to ask that on a public forum in the 1st place

 

 

Why?

[**Margaret**]

:Lizi18:

 

Neither you nor your partner can claim income support as an alternative to the current claim for employment n support allowance. Except for some legacy claimants (who will in due course be reassessed for conversion awards to employment n support) income support is no longer paid on the grounds of incapacity for work/limited capability for work.

 

A personal independence payment is for anyone, in work or not working, who needs help with personal care or getting from A to B. Most applications include an assessment of disability by either Atos or Capita, and currently the application process takes up to six months. Should your partner be entitled to a standard or enhanced daily living component of personal independence payment you'd be able to claim carers allowance and income support on the grounds of being a carer. Claimants don't get a choice between employment n support and personal independence. They're different benefits, with different criteria, and some claimants are eligible for both.

 

Not a solution to your current dilemma, but here's some info about personal independence payments if you feel your partner may qualify;

 

http://www.disabilityrightsuk.org/personal-independence-payment-pip

 

Now, back to that so called 'medical'. Unfairly Atos expect claimants who can get two miles down the road to the doctor's surgery, and get to hospital outpatients, to keep appointments at their assessment centres. Here's their official guidance on the issue;

 

http://blog.atoshealthcare.com/2012/08/atos-healthcare-arranging-a-home-visit-for-your-work-capability-assessment

 

And the process for asking Atos to fund a taxi is the same. Phone call to 08002 888777 and supportive letter from one of your partner's healthcare professionals. Atos have the last word. Every claimant is allowed to change one appointment for any reason but if your partner misses two appointments his claim will be referred back to Jobcentreplus for a decision maker to consider good cause for 'failure to attend'. We're all trying to cope with a one-sided unfair system but if your partner can't get a home visit/taxi, I'd encourage him to try to get to an assessment if at all possible. Remember that you can stay with him at all times for support through the agoraphobia and the actual assessment. Also, he can ask for a first appointment of the session, and a quiet area to wait to lessen the time in a crowded waiting room.

 

Sincerely, Margaret.

[45002]

Hi im wondering if anyone can help me my partner has been on esa for a while hes got a medical coming up and he suffers from depression and aggraphobia aswell as ibs syndrome he cant make it to the medical and was wondering would it be possible for us to claim income support instead as i think it would be a lot easier without having the pressure of the medicals. Ive tried getting advice online but im not really getting anywere. I dont currently claim carers allowance as we are on the income related esa and didnt know if we would be entitled to it i didnt want to put a claim for income support in cancel the esa and then find out we werent entitled to it and be stuck can anyone help id be really grateful ?

Why?

 

Asking how to get out of a medical on a forum,when everyone on IB has ended filling out a ESA 50, the ATOS medical and the same for new ESA claims ....

 

Why should one person one get out of a medical in the 1st place and everyone else have to attend or fill in a esa 50 !

 

Happy new year to you antone ....

Edited January 2, 2014 by 45002

[**Margaret**]

:Why?:

 

Well, having been caught in a Tatos Trial for eighteen months (n there's a fair few of us around) I'd say why not ask for advice about any legit way out?

 

Even the Court of Appeal's on the side of claimants for mental health conditions, who can't cope with the current prescription of Atos induced anxiety.

 

Margaret.

Edited January 2, 2014 by **Margaret**

[antone]

Asking how to get out of a medical on a forum,when everyone on IB has ended filling out a ESA 50, the ATOS medical and the same for new ESA claims ....

 

Why should one person one get out of a medical in the 1st place and everyone else have to attend or fill in a esa 50 !

 

Happy new year to you antone ....

 

And a happy new year to you and yours.

 

There's nothing whatsoever wrong with asking about possible benefit entitlements here on CAG. OP may not in the end be able to claim IS, I don't know, but we're here to offer practical benefits advice, not moral opprobrium.

[solbert]

No not at all it was incase they stopped the esa ive read a lot of people on here got told they are fit for work from the medical assesment when they clearly arent i wanted to know if this was the case what other options do we have as i read a post on here about someone who changed from ESA to IS and wanted to know if it was possible

 

Should that happen you will have two choices. Appeal against the refusal to grant ESA or accept the decision and claim JSA.

 

 

Claiming IS simply because it has no preconditions attached and receiving the same weekly payment is in my opinion morally wrong and is not what IS was set up for.

 

 

In your particular case you aren't able to claim IS in the first place as a claim for Carers Allowance has not be awarded.

Edited January 3, 2014 by solbert

[solbert]

If you just want to claim Income support just to get out of a medical,then that is totally wrong of you to ask that on a public forum in the 1st place

 

You can loose ESA for not attending a medical without good reason and if your money is stopped, you appeal that decision No esa is payable until you have a medical.

 

The only alternative in that case is to claim JSA and all that entails ...

 

 

Thank you. It really annoys me to see people trying to circumvent the system for an easier life.

 

 

Unable to work due to sickness - claim ESA

Out of work/working under 16 hours a week - claim JSA

 

 

I heard recently of a guy aged 56 who was originally claiming JSA (income based) and didn't like the way he was being told by the JC+ over his looking for work activities. His wife being some years older became entitled to claim Pension Credit. As soon as that was possible he cancelled his JSA claim and made a joint claim for Guaranteed Pension Credit. When asked why, he was quite honest and said that he could now please himself what he does and doesn't have to answer to the JC any longer.

 

 

Totally immoral and shameful.

[Minibits]

 

Unable to work due to sickness - claim ESA

Out of work/working under 16 hours a week - claim JSA

 

Also...If caring for someone full time - claim carer's allowance with a top up of income support. (Conditions also apply to these benefits.)

 

 

Totally immoral and shameful.

 

Totally acceptable and legally correct.

[antone]

Also...If caring for someone full time - claim carer's allowance with a top up of income support. (Conditions also apply to these benefits.)

 

 

Yes. To be clear, various benefits are available:

 

JSA for those who are not working but are looking for a job.

ESA for those who have limited or no capability for work.

IS for those who are carers (provide 30 hours or more per week of care for a person in receipt of some types of DLA/PIP)

and also for those who are lone parents of young children

Pension Credit for those who are over the relevant state pension age and have low income/savings

 

There is nothing immoral, illegal or in any way shameful about claiming benefits to which one is entitled.

 

OP should note, though, that a claim for PIP will often involve a medical exam at Atos. It can be quite difficult to avoid this requirement, although home visits can be arranged in very limited circumstances.