Benefits office baffled

meggymoo311

Hi MRS TO BE

I do know I could appeal the decision and it was the first thing my advisor said but to be honest what I have read on here and the fact I wouldn't be able to claim anything while waiting for a decision and can't live on what my husbands getting I have decided against it.
I have had a bad couple of years and would just love to get sorted and move on.
Thanks for your reply.

NASA_2

meggymoo311 wrote: »

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!!!!!!

My pleasure:beer:

MRS_TO_BE_2

ESA Can she be exempted and still appeal decision?

Reason I ask this is if she appeals IB and it is successful that would be better in the long term as when her partner finds work she would have IB money if appeal successful.

NASA_2

MRS_TO_BE wrote: »

ESA Can she be exempted and still appeal decision?

Reason I ask this is if she appeals IB and it is successful that would be better in the long term as when her partner finds work she would have IB money if appeal successful.

As far as I know, yes.

meggymoo311

Just thought I would update you all.
Husband rang JS today, very helpful person she understood what we were asking. Husband has filled out a JSA3 because of the change in circumstances. Mentioned to her about wanting to fill out a JSA6 form.
We were told husband has to ask to fill one out next time he signs on. Hope this is correct!!!!

As regards to appeal if I was to do this I wouldn't be able to claim anything for myself while waiting. When my husband spoke to JSA last week when my IB was stopped they insisted IB had to be closed down before going on his JSA claim. What they didn't tell us about was this JSA6 form. In fact nobody could see away around our situation.
Thanks again for all the help.

MRS_TO_BE_2

meggymoo311 wrote: »

Just thought I would update you all.
Husband rang JS today, very helpful person she understood what we were asking. Husband has filled out a JSA3 because of the change in circumstances. Mentioned to her about wanting to fill out a JSA6 form.
We were told husband has to ask to fill one out next time he signs on. Hope this is correct!!!!

As regards to appeal if I was to do this I wouldn't be able to claim anything for myself while waiting. When my husband spoke to JSA last week when my IB was stopped they insisted IB had to be closed down before going on his JSA claim. What they didn't tell us about was this JSA6 form. In fact nobody could see away around our situation.
Thanks again for all the help.

I think they are wrong. They hadnt even considered the exemption. I think you need to get better advice and still appeal. It can always be withdrawn.

Besides a normal single person who is appealing an IB decision can claim JSA at full rate or I.S at a reduced rate whilst awaiting the outcome of the appeal, therefore in my opinion the need for your IB claim to be closed is !!!!!!!!...i sure this cant be right.

meggymoo311

Just another thought, could the first person I spoke to at ESA have been right in saying I had enough contributions to claim.
Making the person that phoned me back the next day to say I hadn't wrong.

Situation going on tax years 2006 - 2008

Worked all of 2006 until Jan 2008 when I was made redundant I was earning £20,000

healy

meggymoo311 wrote: »

Just another thought, could the first person I spoke to at ESA have been right in saying I had enough contributions to claim.
Making the person that phoned me back the next day to say I hadn't wrong.

Situation going on tax years 2006 - 2008

Worked all of 2006 until Jan 2008 when I was made redundant I was earning £20,000

That sounds to me as if you would have 2 qualifying years there.

You would have paid NI on £20,000 for 2006/7 and paid NI on £15,000ish for 2007/8. I assume you mean you worked all of 2006 and 2007.

meggymoo311

Thought I would just update this.
My husband went to sign on today so I thought I would go too and ask about JSA6 form.
After spending another hour with them, I say them because it took a group of 3 to discuss it.

Outcome I was told, would not be able to cover me on JSA6 form.
Was asked if I had a medical certificate, which i did but had sent it to ESA with claim form.
They rang ESA and were told they were a bit of confusion there as people normally go on ESA from IB when they are appealling. Which I am not doing.

I was told to appeal the IB assessment and given a form.

ESA rang the job centre back and they rang me saying, further development, my husband would have to come of JS and we could either claim income support or I claim ESA with my husband as partner.

This has got so silly now that I have decided to go ahead with the joint JSA claim and I will declare I am fit for work.
If I am lucky enough to get an interview I will just be honest with them and tell them I am under the hospital and might need an operation at some point.
Unless anyone knows better !!!!!!!!!!!!

NASA_2

meggymoo311, I dont understand why they have said that, the following is from the DMG and 3.3 clearly states someone who is incapable of work is exempt:

JSA joint claims - exemptions

20023 Certain categories of members of a joint claim couple are not required to satisfy
conditions in DMG 20017. These categories1 are where one of the members does

satisfy those conditions and the other member is

1. not in remunerative work and
2. under pension age and
3. a person who is

3.1 a F/T student or
3.2 a regular carer or
3.3 incapable of work or
3.4 in employment living in a care home, Abbeyfield Home or an
independent hospital or
3.5 a disabled worker or
3.6 a disabled student or
3.7 a deaf student or
3.8 blind or
3.9 a pregnant woman or
3.10 aged 60 or over or
3.11 a refugee learning English or
3.12 required to attend court or tribunal or
3.13 a young person in training or
3.14 affected by a TD.

1 JSA Regs, reg 3D(1)(c) & Sch A1