Dismissed after accident at work, benefits advice needed please!

incensicle

After an accident at work my husband has been dismissed on the grounds of incapability. He is supported by his union and there will be an appeal, but the medication he is on for the constant pain he has been left in means he cannot do his old job, and there is not another position they can offer him. he is not incapable of any work at all, but not able to do his old job.
At the moment I work over 30hrs a week, and we recieve tax credits, and I would like some advice on what will happen after I inform them that my husband is no longer employed. I 'm not sure what he should do next, should he sign on for example, or wait for the appeal, which should be in six weeks.
At the moment we are very worried and confused, and would appreciate any advice.

AsknAnswer2

He should sign on without hesitation - he may be entitled to contributory based JSA.

You'll also need to inform tax credit 0845 30 3900 that he is no longer working so that they can amend the award.

incensicle

Thanks, I forgot to add that he is currently signed off sick as he is still recovering from an operation. When I said he was capable of some work I meant that I am 100% sure he would not be elegible for ESA. Will he be able to sign on for JSA if he is signed off sick?

Indie_Kid

You have to be fit for work; so he wouldn't be able to claim JSA.

bigjl

Sounds like you r husband works for the NHS, or maybe this kind of capability sacking is a new management/HR policy that the new bread of managers seem to have been trained in.

incensicle

Ha, not the NHS, but yes it is new management, but to be fair he has been off work quite a while. On the other hand the interview that was suppost to be supporting him back to work, was basically just accusing him of skiving and no help at all. Like it wasn't their negligence that has left him relying on pain killers to function.

Indie_Kid

incensicle wrote: »

he cannot do his old job, and there is not another position they can offer him.

Even with "reasonable adjustments"?

incensicle

He failed the medical and lost his work license due to his medication. He cannot do his job safely and take his prescribed medication.

Katykat

He shouldn't sign on for JSA as he would be signing to say he is looking for work. Although you say he wouldn't be eligible for ESA, I'd say take the chance. As long as his Dr is giving him sick notes, he should get ESA. He would eventually be called for a medical but even if he fails that, he can appeal and they would have to keep paying him until the appeal is heard ( at present its taking up to a year). If he signed on for JSA he couldn't then sign off sick for the same illness.

janb5

AsknAnswer2 wrote: »

He should sign on without hesitation - he may be entitled to contributory based JSA.

You'll also need to inform tax credit 0845 30 3900 that he is no longer working so that they can amend the award.

Dont ring 0845 number but go to www.saynoto0870.com to find alterantive geographical number. I found the number for my Job Centre that way.

Much cheaper

Jan

incensicle

Thanks for the replies. I have checked the benefits calculator on direct.gov, and it seems that we will still be entitled to tax credits even if my husband is not claiming or claiming esa. However I notice that there is a thread about the inaccuracy of the calculator so I wonder if someone could confirm this is correct. No luck on getting through on the helpline, and as its last week of the hols not got much peace and quiet for complicated forms!
Also my husband has six weeks notice pending appeal so he is not officially unemployed yet, however his sick pay has run out last week so no income at all at mo. What dates will the claim run from, when his sick pay ended or when his employment ends.
Thanks again for taking the time to help. its very stressful, but there are people on this board in far worse situations, and reading there accounts puts your own problems into perspective, as does the kindness of those who take time out to help others.