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Employment Support Allowance - Need HELP PLease!

I hoe someone can help please:-

My partner has got emphysema secondary to alpha one anti tripsin disorder (he is 34) and lost his job about 7 weeks ago due to being off work sick. He tried to claim Job Seekers Allowance (contributory - cause I work over 40 hours) and he was told he didnt pay enough contributions from 07 - 08 (this is as he was self employed and was off work sick quite a bit but we didnt claim!) so they would not pay. He didnt go and sign on as they said he could only get his stamp. Then they wrote to say they had re- assessed it and they have looked at his contributions 08 - 09 and he was entitled to JSA but as he had not attended his appointment they wouldnt pay. This was about 4 weeks ago and since then his condition has got worse and the doctor has signed him as unfit for work for 4 weeks. I have called up and made the claim on his behalf and they said it has gone through - wrote asking for the sick note and posted it back. Received a letter last night sayibng he is now not entitled to it as there is a shortfall in NI. I was quite suprised and we have called this morning and explained the situation and asked why they dont look at 08 - 09 and I got told to called inland revenue who I did and see if I could back pay NI, which I was told no and to go back to Job Centre. Phoned them back and they are saying that we can appeal against the decision but it is due to the shortfall. Can anyone please explain how this system works (previous tax years corresponding to when!) and if there is anyhting we can do.

We are working people who find ourselves in the horredous situation which is being made worse by the obstacles being put infront of us at every hurdle. Some people claim all their lives!! Any help or advice on what we could do would be a help. I seriously feel that I am getting no help from anywhere.

He has no income at all from anywhere benefits or other.

Hope this makes sense!

:mad::mad::mad:
«1

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you have had to have paid 2 full years contributions to claim ESA.

    Someone more knowledgeable will be along to help further.

    In future he must sign on for his stamp, as you can see it has far reaching implications even to his state pension when he is 65 or 67 or 68 or 70 when the government stop widening the goal post.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • cozza
    cozza Posts: 502 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    he should be able to get Income based ESA
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    cozza wrote: »
    he should be able to get Income based ESA

    He will not get Income based ESA because his partner works fulltime ( over 40 hours per week was mentioned in the first post).
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It seems as though he can't get the Contributory Benenfits because he has not paid enough NI, and can't get the Means-Tested ones because his wife works full-time and there forre their income is over the threshold.

    AFAIK, the NI contribution must be between 2006-2007 and 2007-2008 tax years to be valid.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • hel1811
    hel1811 Posts: 57 Forumite
    Hi

    Thanks for your help - I am going stir crazy! :eek:. Seems like everywhere I go there is someone there with an obstable this is mirrored in his care and welfare. Is there anything I can do? Why do they not look at 2008 and 2009. Ps. Dont know if it makes a difference but were not married just co habiting. What is the threshold for Income based? sorry to rant on! Any help appreciated :A
  • mealone
    mealone Posts: 527 Forumite
    500 Posts
    hel1811 wrote: »
    Hi

    Thanks for your help - I am going stir crazy! :eek:. Seems like everywhere I go there is someone there with an obstable this is mirrored in his care and welfare. Is there anything I can do? Why do they not look at 2008 and 2009. Ps. Dont know if it makes a difference but were not married just co habiting. What is the threshold for Income based? sorry to rant on! Any help appreciated :A

    You are living together as man and wife, it doesnt matter if you are married or not.
  • hel1811
    hel1811 Posts: 57 Forumite
    Thought we were classed as man and wife but you never know there seems to be some crazy benefits rules out there! Got to cross all the bridges! I have been looking on the internet to see what help we could get. Does anyone know how much I could earn before he is entitled to income support? All these benefits are crazy. I only knew about Job Seekers before I found myself in this position!
  • mealone
    mealone Posts: 527 Forumite
    500 Posts
    hel1811 wrote: »
    Thought we were classed as man and wife but you never know there seems to be some crazy benefits rules out there! Got to cross all the bridges! I have been looking on the internet to see what help we could get. Does anyone know how much I could earn before he is entitled to income support? All these benefits are crazy. I only knew about Job Seekers before I found myself in this position!

    Is dosnt exist anymore for single people, if you are looking for ways to defraud the system stick to the benefits that still exist.
  • hel1811
    hel1811 Posts: 57 Forumite
    mealone wrote: »
    Is dosnt exist anymore for single people, if you are looking for ways to defraud the system stick to the benefits that still exist.

    Defraud the system??!! How do you work that one out, I am hardly de frauding any system when I dont understand it and am asking for help as to what he would be entitled to in a genuinely horrendous situation. Seems that I am going about things in an appropraite manner and asking for assistance as I dont understand the system and how they come to conclusions as to who is and isnt entitled to benefits. I will thank you to keep your comments to yourself as I am stressed enough with the situation and your slanderous comments dont assist.

    Thanks :mad::mad::mad::mad:
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    The tax years cannot be changed and therefore no entitlement unless the info held for those tax years is in itself incorrect.
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