Benefits office baffled

meggymoo311

I seem to be going around in circles with the benefits offices, nobody can give me an answer as to what I should claim.

I have every confidence with the clever people on here.

Situation is Husband made redundant in January and now after a lot of wrong advice is on income based JSA.

I have been out of work since January 2008. Never claimed JSA (as I thought I would be able to find work) until July 2008 when I decided to claim so I could do a course with Learn Direct. Had to sign of in September as we went abroad for a week,after which I was supposed to make a rapid reclaim.This did not happen as I was taken ill on the last day and when I got back I was in hospital for 3 days. Was advised to claim IB. I have now had a medical assessment as have been told it has now stopped (what a suprise!!!)
After a long talk with my advisor and making a phone call to ESA to check that I hasd enough contributions to claim (was told yes) so filled in forms on Monday.
Today I had a phone call to say sorry been told wrong,you do not have enough to claim.
Now I am in a position where by I can no long get IB, I can't claim ESA.
I am also still under the hospital seeing an Orthopedic surgeon have been told I have thumb base Arthritis, have been to the rehabilitation unit this week and have to wear splints,going back in 2 weeks time for physiotherapy,and will be seeing the surgeon again in August. He has also said it will probably result in an operation.
So if I was to go onto my husbands claim for JSA I would have to be fit for work, who would employ me at this time.
So my question is what do I claim as we can't be expected to live on my husbands JSA.

NASA_2

You should already be on your husbands claim if you live together. There are exception reasons on joint claims which mean you dont have to look for work.

meggymoo311

Hi ESA
I'm not on my husbands claim as I have been recieving IB up until 1st June. Would be interested in the exeptional reasons why I would not have to be available for work at the moment although I am prepared to go back to work when I am sorted out. Nobody that I have spoken to has mentioned this. Thank you for your reply.

NASA_2

If he is on an income based claim and you are living together then your income from IB should have been taken into account against his JSA. You have to apply to be excused from signing, I think the form is a JSA6.

dookar

ESA is correct. A jSA6 will need to completed, this is your application to be exempted from JSA labour market conditionality.

Did you say that you have claimed IB but are not entitled? If so you should still have a live claim, but only receiving your NI credits.

The fact that you have this live claim should be evidence enough for the LMDM to exempt you.

meggymoo311

Thanks again ESA

Yes we are living together (been married 34 years so a long time)
My IB was taken into account this is why when he applied I had a letter saying I was not entitled to JSA as I was getting IB. Which I already knew that was the case, so his JSA was reduced.
He will ring them tomorrow and ask about this form. Why could nobody out of all the people I have spoken to told me this. Thanks again you people on here are great!!!!!!

meggymoo311

Hi dooker

I have claimed IB up until 1st June but I am not entitled to ESA contributions based as I don't have enough credits. I think this might be because I was made redundant in January 2008 but didn't claim JSA until July 2008. Before this I have always worked so can only presume this is where the gap is.
I'm not sure whether the my IB claim is still ive or whether they have closed it down now. What is LMDM?
Thank you for your reply.

dookar

meggymoo311 wrote: »

Hi dooker

I have claimed IB up until 1st June but I am not entitled to ESA contributions based as I don't have enough credits. I think this might be because I was made redundant in January 2008 but didn't claim JSA until July 2008. Before this I have always worked so can only presume this is where the gap is.
I'm not sure whether the my IB claim is still ive or whether they have closed it down now. What is LMDM?
Thank you for your reply.

Okay, it's not absolutely necessary to have a claim to a sickness benefit to be exempted. The rule under which you would be exempted is incapacity for work though, so that claim would certainly help.

LMDM = Labour Marker Decision Maker, this is the person who would decide the request for exemption.

MRS_TO_BE_2

Meggymoo. As you disagree with the fact your IB was stopped because you still feel you are fit for work then you can appeal the decision.

meggymoo311

Thank again dookar.

Do you think I might be exempt and do you know how long this decision might take.

dookar

meggymoo311 wrote: »

Thank again dookar.

Do you think I might be exempt and do you know how long this decision might take.

If you are incapable of work, then yes.

The decision can be made in a day, if all evidence is there