Query about ESA & part time working?

minnie123

Hi my Mums partner has left her and she is going to make a claim for ESA. She is a carer for a lady on a self employed basis working 16hrs per week ( although she doesn't usually meet this many hrs due to her own ill health). She has been signed off work but has been forcing herself to go in some days and making herself worse in the process - but at the moment she has no choice otherwise she would not eat.

She has the forms through to claim ESA - my query is can she still claim ESA whilst being self employed and contracted to work 16 hrs weekly? also will this affect the amount of ESA she will get? because some weeks she is unable to go in at all.

She currently earns £112 gross weekly if she manages all her hrs ( so usually it's less)

Ideally she would be better off not working at all as she is very ill and her doctor is going mad at her saying she should not be working at all due to her health problems.

If you need any more info just ask?

karenx

ESA is for people who aren't fit for work. How can she work but still claim?

minnie123

she has fibromyalgia and chronic pain, she also has a spondolosis (not sure if thats how you say it) her head is covered in cysts and her hair is actually falling out - she has been signed off work and has to attend docs weekly as they are doing tests, her doctor is going mad at her for going in to work - she hasn't been working all her hrs but she has slightly better days and she manages to get in although it kills her she is like the walking dead and it breaks my heart to see her like that - she is not fit to be working - but what else can she do until she gets her benefit sorted?

minnie123

I guess the easiest way to explain is she is very ill and has limited capability for work - some weeks she could work, then she has weeks she is unable to even walk around? In these circumstances it's hard to now what to do. It's not always as cut and dry as you are either fit and well to work or too ill to never work. In reality she should not work because even the days she drags herself in she is very ill and in a lot of pain but she needs the money to eat.

I guess you could say she has limited capability to work due to health issues - she actually has been signed off by her doctor.

healy

karenx wrote: »

ESA is for people who aren't fit for work. How can she work but still claim?

People can do work whilst on ESA if it comes under the permitted work rules.

minnie123

So she can claim for ESA then - I wasn't sure how it would work as her earnings are a bit all over the place due to her not being able to always go in - she has just had 5 weeks off luckily her employer is very understanding and can arrange cover. My Mum would love to work all she wants is to get better and be happy I think her struggling in is not helping her in the slightest it's making her conditions worse. I just don't know what to advise her?

Tehya

minnie123 wrote: »

she has fibromyalgia and chronic pain, she also has a spondolosis (not sure if thats how you say it) her head is covered in cysts and her hair is actually falling out - she has been signed off work and has to attend docs weekly as they are doing tests, her doctor is going mad at her for going in to work - she hasn't been working all her hrs but she has slightly better days and she manages to get in although it kills her she is like the walking dead and it breaks my heart to see her like that - she is not fit to be working - but what else can she do until she gets her benefit sorted?

Hello,

Sorry to hear your mum is in a bad way, it's awful to see a loved one in pain.

She can still be employed and claim ESA though her GP needs to sign her off and she'll have to apply for benefits, it can take a little time to sort out payments etc but it does sound like she's doing more harm than good working. If she has no money whatsoever she may be able to claim a crisis fund loan to tide her over.

If she is single I'm not sure she'll get much if anything whilst working part time. Certainly not in the first 13 weeks as she's earning more than the single person's assessment phase rate and to be honest there is some permitted work you are allowed to undertake whilst claiming ESA but the rules are complex and it has to be agreed with the JC+.

When my husband first became ill he claimed ESA for about a year before his employers finished him as it was obvious he was never going to work again. His payments started after about 8 days so it can be quite quick.

Good luck to you and your mum,

Theya

minnie123

Thanks, I guess what I am trying to say is she shouldn't be working at all and has been signed off by her doc but has still been dragging herself in some days. I'm confused because ideally she should be able to claim ESA and not work to concentrate on getting better, but she is having to until the benefit is sorted out. So does her Employee need to make her redundant so to speak due to ill health or her stop working before she makes her ESA claim? She is actually self employed so does she just stop as off now due to her ill health and being signed off by the doc and fill in the ESA form stating she no longer works? It's too confusing.