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maternity allowance and ESA
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# 1
midwife54
Old 17-05-2009, 10:47 PM
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Angry maternity allowance and ESA

Hi, I am new to the site but need urgent advice please for my daughter. She is 39 weeks pregnant. She comes from this country but went to New Zealand with her partner for a working holiday and worked full time for nine months in local government, paid her taxes etc there. They came home to UK in December. Tried claiming for Maternity Allowance, just been told not entitled (dept didn't know who would have to pay NZ or UK so just didn't pay anything!). Her partner has a damaged knee and was signed off sick,awaiting hospital consultant appointment. Both put on an income related joint ESA claim. He has just a medical assessment and been assessed able to work and so benefit has been stopped totally. So NO income for them for last three weeks.
Two questions; Is she entitled to MAt Allowance if worked full time in NZ and why is she not receiving ESA even if her partner is deemed OK to work ( he isn't!). Urgent response needed as stress making her feel really ill. Am worried
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# 2
Zara33
Old 17-05-2009, 10:54 PM
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I doubt any country has to pay her MA :confused: she left the UK for nine months worked in NZ an paid taxes etc there, she might have been able to claim MA in NZ but then she left NZ.

Of course i could be totally incorrect.



ETA:
If you are going abroad or have been abroad

The UK has special arrangements with certain other countries that may help you to get MA if you are going abroad or if you have recently been abroad and returned to the UK.
These rules may apply to you if the country concerned is a country within the European Economic Area, or Switzerland, or is a country with whom the UK has a two-way agreement on maternity benefits. These two-way agreements are with Barbados, Guernsey, Israel, Jersey, Turkey and Yugoslavia. Currently, the agreement with the former Yugoslavia is applied separately by the rebublics of Bosnia-Hercegovina, Croatia, Montenegro, Serbia and the former Yugoslav Republic of Macedonia.
If you return to the UK after working in any country of the world for your UK employer, other rules may help you to get MA.
You can find out more information on how to get MA if you are going abroad from or coming to the UK by writing to:
International Pension Centre
Department for Work and Pensions
Tyneview Park,
Benton,
Newcastle-upon-Tyne
NE98 1BA
Phone: 0191 218 7777
(or 44 191 218 7777 when calling from abroad)
Fax: 0191 218 3836
E-mail: TVP.internationalqueries@thepensionservice.gsi.gov .uk
Or you can find out more in the Visiting or living abroad section of the DWP website.
If you are already getting MA in the UK and intend moving abroad you must tell the office where you claimed the date you will leave the UK and what your address will be.

http://www.dwp.gov.uk/advisers/ni17a/ma/ma_16.asp


ETA ESA conditions:

If you've been living or working abroad

Living or working abroad can affect your Employment and Support Allowance claim. You may be able to claim if you've either:
  • paid enough UK National Insurance Contributions in the past (and the equivalent in certain other countries)
  • worked abroad for an employer based in the UK and paid National Insurance Ccontributions for the first 52 weeks of that employment
http://www.direct.gov.uk/en/Disabled.../esa/DG_171891

Last edited by Zara33; 17-05-2009 at 11:04 PM.
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# 3
midwife54
Old 17-05-2009, 10:58 PM
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Well we had kind of guessed that might be the case but thought it was worth asking as thought there was a reciprocal arrangement. She should surely then get ESA as she is on the joint claim that has now been stopped because of the medical decision for her partner which completely excludes her situation.
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# 4
midwife54
Old 17-05-2009, 11:05 PM
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Thanks, have read that information already.
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# 5
Zara33
Old 17-05-2009, 11:10 PM
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Quote:
Originally Posted by midwife54 View Post
Well we had kind of guessed that might be the case but thought it was worth asking as thought there was a reciprocal arrangement. She should surely then get ESA as she is on the joint claim that has now been stopped because of the medical decision for her partner which completely excludes her situation.
From reading the little that i have linked in previous posts she doesn't qualify for either MA or ESA, hopefully someone with more knowledge about ESA will help shortly
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# 6
midwife54
Old 17-05-2009, 11:15 PM
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Yes she can get ESA if she can't get MA and is entitled to that for the 11 weeks before confinement and 15 weeks afterwards. I do know that bit (am midwife) but problem is she is on partners claim and as such is "invisible" so when it stops for him it stops for her as well, which I am sure is not right. Will have to try CAB tomorrow. At this rate she will deliver before it is sorted and they surely should not be left with no income whatsoever!!!! What century are we in for goodness sake?! Thanks for assistance.
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# 7
Zara33
Old 17-05-2009, 11:21 PM
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Quote:
Originally Posted by midwife54 View Post
Yes she can get ESA if she can't get MA and is entitled to that for the 11 weeks before confinement and 15 weeks afterwards. I do know that bit (am midwife) but problem is she is on partners claim and as such is "invisible" so when it stops for him it stops for her as well, which I am sure is not right. Will have to try CAB tomorrow. At this rate she will deliver before it is sorted and they surely should not be left with no income whatsoever!!!! What century are we in for goodness sake?! Thanks for assistance.
Yes try the CAB best place for advice.
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# 8
Zara33
Old 18-05-2009, 12:15 AM
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Quote:
Originally Posted by midwife54 View Post
Hi, I am new to the site but need urgent advice please for my daughter. She is 39 weeks pregnant. She comes from this country but went to New Zealand with her partner for a working holiday and worked full time for nine months in local government, paid her taxes etc there. They came home to UK in December. Tried claiming for Maternity Allowance, just been told not entitled (dept didn't know who would have to pay NZ or UK so just didn't pay anything!). Her partner has a damaged knee and was signed off sick,awaiting hospital consultant appointment. Both put on an income related joint ESA claim. He has just a medical assessment and been assessed able to work and so benefit has been stopped totally. So NO income for them for last three weeks.
Two questions; Is she entitled to MAt Allowance if worked full time in NZ and why is she not receiving ESA even if her partner is deemed OK to work ( he isn't!). Urgent response needed as stress making her feel really ill. Am worried
Thinking about this again if her partner has failed the medical for ESA can they not claim JSA (job seekers allowance) as a couple. Income-based jobseeker's allowance i would guess. Also i still can't see how your daughter would qualify for ESA as it for people who have an illness/disability :confused:

Last edited by Zara33; 18-05-2009 at 12:18 AM.
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# 9
midwife54
Old 18-05-2009, 4:34 AM
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Yes you can get ESA in pregnancy when you get to within 11 weeks of due date as you are deemed not able to work until at that stage of pregnancy and she was changed to that by the jobcentre, as she was on JSA prior to that. As no employer would take on a pregnant woman at that stage of pregnancy (or any stage as she found out!) then that is why she can get ESA, we have checked that out. Her problem has arisen because she is on a joint claim. I guess he can apply for JSA although he has a consultant appointment in a couple of weeks to decide on treatment, probably surgery so will have to go back on ESA then I guess. Its only for the short term until his injury is sorted, not long term claim. Who would want to claim for ages unless have no choice, horrible way to live. Treated like scroungers, when genuine claim. Both have always worked VERY hard, self employed and not used to having to rely on state to support them. terrible experience!
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# 10
NASA
Old 18-05-2009, 8:25 PM
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Pregnancy is not a legitimate reason to claim ESA. If there is a specific illness related to pregnancy then she can possibly claim due to that.
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