on jobseekers but OH now cant work due to bad shoulder

ex-eastender

Hi all
I just know this is the place to come!!
Help needed please. We are on jobseekers after OH previous job (labouring/ building) finished. Now OH has bad shoulder which doc says will need op.
So do we inform benefits agency that he cannot work just now or not.
Dont think we would get incap benefit - but dont know thought I'd see if you guys can help. We have 2 primary age children and I am at home but get carers allowance.
Thanks

CIS

If hes on JSA and cant work then I think that he has to inform them as he is unable to meet the obligations of being able to work.

They may or may not stop his JSA, though if they do it does seem unlikely that there is any other benefit that he can claim.

You can find guides for IB and IS here
http://www.dwp.gov.uk/advisers/techguides/

Justicia

CIS wrote:

If hes on JSA and cant work then I think that he has to inform them as he is unable to meet the obligations of being able to work.

Indeed.

When he attends for his fortnightly signing/Intervention day, he is signing the ES24 coupon to certify and confirm that he is able to, and actively seeking employment...

Next time he attends (if it is very soon) or ASAP, I would advise him to speak to the Admin Officer at the signing point.

Many of the Officers will only know the JSA rules and guidelines (as that to be fair may possibly be the only benefit that they are directly involved with) so if they are unable to full assist him, then he should politely ask to be referred to speak to someone who knows further information. Perhaps one of the Floor Walkers/Main Receptionists (depending on you local office) could advise him further...

In the meantime however, do read the online guides that CIS has linked to in the post above for your reference.

Hope that helps.

mcc28_x

He basically needs a medical certificate from his GP to confirm he is not able to work.

I personally would try to make sure I had this before my next signing as it is likely the FJR staff will want him to close the claim to JSA.

He needs to claim Incapacity Benefit and Income Support simultaneously providing you do not have savings over 3K (you must declare savings over 2.5K).

It is possible that you could claim Income Support for the whole family as you get CA, but he does really need to register as being sick to get his NI stamp paid (which JSA is paying currently).

Good luck

Mark

ex-eastender

Thanks for taking time to help.
Still not sure what to do, we may just carry on as we are. We use postal signing as we are out in the sticks with very few job opportunites so we do not have any hassle there. If we were just to carry on no-one would be any the wiser. Unless its financially worth while to go down the above mentioned routes.
Thanks again
Merry Christmas

Justicia

I feel obliged to mention and remind that it is of course an offence to claim Gov't benefits that you are not entitled to (as I am sure you are aware), but the final decision of not ascertaining whether this is the case is of course down to you and you alone, as if discovered it will ultimately be your responsibility.

Otherwise, Merry Christmas to you too! :xmassign:

Savvy_Sue

Justicia is quite right, and claiming fraudulently is never a good option. However, even though your OH can't do what he used to do, is he completely unable to work? I know he won't be able to do a lot post-surgery, but could he reasonably say that he is available and looking for less physical work than he used to do? That would buy you some time while you consider his options post surgery!

ex-eastender

Yes he will be able to say he is available for other types of work, as he is now, but like I say we are in a small village in the highlands, where places shut down not open, so little chance of getting job of any description. Men generally work away from home, as my OH did working manual labour. This is why, now he is out of work at moment we are claiming jobseekers and we would normally do this in between jobs anyway. We will inform the BA that he will be going into hospital when we hear more about that, so I dont think we are being fraudulent in anyway. Like I say we are claiming jobseekers as he wants a job and IF they/us could find him a job then we wouldnt be worrying about signing on in the first place.

Justicia

ex-eastender wrote:

Yes he will be able to say he is available for other types of work, as he is now, but like I say we are in a small village in the highlands, where places shut down not open, so little chance of getting job of any description. Men generally work away from home, as my OH did working manual labour. This is why, now he is out of work at moment we are claiming jobseekers and we would normally do this in between jobs anyway. We will inform the BA that he will be going into hospital when we hear more about that, so I dont think we are being fraudulent in anyway. Like I say we are claiming jobseekers as he wants a job and IF they/us could find him a job then we wouldnt be worrying about signing on in the first place.

I appreciate what you are saying about your location totally. I am not in any way doubting that it is difficult in such a situation.

I believe that the nature of the responses in this thread (definately mine) are referring to your earlier question, in respect of whether or not to inform Jobcentre Plus that your OH can't work, thus resulting in him not being entitled to JSA payments...

ex-eastender wrote:

So do we inform benefits agency that he cannot work just now or not.

If he CAN still work but in a reasonably different area of work then of course he generally will still be entitled to claim, but you still need to inform the JC of the situation so that a Note can be attached to the claim so any Advisers doing any job-matching are aware of job details that are not applicable to him. Also, his Jobseeker Agreement may need to be altered to reflect the current circumstances.

My personal advice would be to pay a visit to the Jobcentre, with any relevant documentation about his injury (from the GP, Consultant, etc.) so that updates can be made, you can discuss any possible/available alternatives and you are fulfilling your obligations as a claimant.

Another option could be to pay a visit to a Citizens Advice Bureau (if you have one in your location of course) and ask them for advice.

I don't believe anyone here is "going at ya" (my quote, not yours), it's more a case of not wanting you to find yourself in hot water with BFIS...

mcc28_x

If you OH qualified for incap the rates do increase after 6 & 12months. So if there is any prospect of him being unable to work for a longer period of time this is something to consider.

Also, the government is looking at incentifying IB claimants back into the job market (similar to LPs) so this may be another reason for considering this option.

Mark