Early retirement on ill health

7062

Hi there, really hope people can give me much needed advice.

The sistuation is that my husbands is currently undergoing chemotherapy for cancer of the stomach. He is 31 and this is not the first time he has had cancer (has had chemo/radiotherapy and several tumours removed since the age of 15). He has been employed for the last 10 years with the same company who have also been supportive with his treatment, or at least up until now.

In 2006 he had radiotherapy to treat brain cancer and during this period he was offered early retirement which he refused and after 9 months he returned to full time employment. This week he has been enforemed that as he will hit pay stop in December the company has taken the decision to medically retire him. He asked if he could decline bu was advised that it would be enforced this time.

I find this strange that as he is not going to be getting sick pay he is not going to be costing them anything after Decemeber that they will not accept his wishes.

My husband will not be able to look for alternative employment as his treatment is due to go on until early Feb and even then i cant imagine many companys willing to employ someone with his medical history.

Does anyone know whether they can enforce this or not and what benefits he may be entitled to? I work and we currently have 2 young children so have never looked at any type of benefit before.

Thank you for taking the time to read this.

Zara33

Your husband can claim DLA which will not be affected the money you have coming in from your job.

Good luck with the treatment.

Conor_3

Zara33 wrote: »

Your husband can claim DLA which will not be affected the money you have coming in from your job.

Good luck with the treatment.

In addition to that, you may also qualify for working tax credits with the disability component. If he gets DLA, chuck in a claim for WTC and remember to tell them he's in receipt of DLA.

The poor bloke is going to end up being bored witless not working so it might be worth investigating a hobby or doing those long put off home improvements.

7062

Thanks for your replies.

To be honest he does not want to be retired. he would rather stay on sick even without pay so that he has a job to return to. In his mind this is something for him to focus on. He enjoyed his job and the people with. Does he have a case to refuse it? Even with lump sum and a pension he is only 31 and really wants to return to work but i fear this may be near impossoble with the conditions being imposed by his employers on future work

cw18

DLA is payable whether or not you work -- and isn't taxable or used against any means tested benefits..... other than to gain extra money.

As already mentioned, you get a special premium if you qualify for WTC, and if you end up applying for IS to top up your income there are additional premiums on there too.

Also, if he gets DLA and you spend at least 35 hours a week caring for him (and bring home under £95/week) you could claim Carer's Allowance. This is taxable, but is worth a further £50.55/week if you qualify -- and also kicks in a further £27.75/week premium if you end up applying for IS.

SomeBozo

Each organisation is different, but when I advise on policies for medical retirement, I advise to look at :

1)Sick Record
2)Independant medical opinion based on the individual
3)At least 8 weeks notice
4)Informing the patients GP of the intention to retire the patient


There is usual leave to appeal the decision but the employee must provide evidence of being able to work (ie it would not work if your hubby stayed off sick) and then appeal would be final.

Being frank, you can delay the process by checking on the above, but if he is unable to return to work, they will not keep him.

Whilst it is a personal disaster for the patient (ie your husband) and keeping a job would help focus his recovery, you have to remember at the other side of the coin is a employer who has operational needs to meet, and lots of people (these days) to choose from to replace him.

Good luck.

BOzo

7062

When he was previously offered early retirement the medical report supplied by his consultant gave a life expectancy of less than 12 months and they where trying to fastrack it. The report tis time simply says he will not return to work for some time due to treatment.

His employers are saying they made this decision based on the fact he would not be getting sick pay. Does the fact that he proved them wrong the last time and went back to work full time without further absence for 2 years mean nothing these days. we are aware that they are making redundancies in other parts of the business and my concern is that this may be the reason behind it.

A Macmillan advisor from our council came out and filled out forms for dla and he now gets high mobility and low care. All these benefits and forms are new to me so any advice is appreciated.

I wouldnt get CA as i earn to much. We own our our home so a dont think anything like HB is applicable. Sorry but i dont know the difference between IS and Incapacity benefit. All i know is that he would be medically unfit to work unatil at least Feb.

cw18

Incapacity Benefit is only available to people for whom sick pay has ended (or for people not entitled to Sick Pay, but not sure if your hubby will be eligible for this if he'll be getting an ill health pention and they've just brought in a new benefit to replace IB)

IS (Income Support) is for people on low incomes, to make sure they attain a minimum income according to family make up. If you can get even a penny of income support you get a lot of help for other things, and even if you wouldn't qualify for IS you may qualify of IS Mortgage Interest.

Drop me a PM if you want more info -- my DH is on IB and high rate (both elements) DLA due to terminal cancer, so we've "been there done that" when I was also on extended sick to the point of being on IB last year.

And I'm going back through it now as I'm about to made redundant, but am option to apply for Carer's Allowance rather than JSA -- no way the family could cope with the stress of me job hunting as well just now, and very little chance of getting a job given I could need periods of time off with little or no warning if DH is having a bad day/week/month....... (I've actually been in the "lucky" position of being paid by work to stay at home since May, as they had no work for me -- which means needing time off with him hasn't actually been an issue thus far!)

LindsayO

7062,
so sorry you are going through this
I would advise you to take a look at his contract, his pension documentation, and talk to someone in the Citizen's Advice.
I'm a little confused as to why he isn't getting sick pay. Is he not entitled to any?

7062

Hi LindsayO

He hits pay stop in Dec as he has been off sick since June 6 months. Although last tiem he got full pay for 9 months not quite sure why the difference as he had gone over 2 years without any further period of sickness.

[Deleted User]

Just to add to some of whats been said,remember that incapacity benefit for NEW claimants ended last week,its now ESA.
If there is a whiff of redundancy in the air might it not be financially better to except whats on offer now as it will mean a cash sum PLUS pension?
I do hope his treatment is 100% effective
good luck