New Link for ESA with JSA

Indie_Kid

andyandflo wrote: »

Ah I see. So it was a two way discussion - that didn't happen in my case!
But you said that you have restricted your agreement to over 16 hours, but from the above, you have agreed to work 40 hrs per week?

No. It says that I can look for work that would typically run from 10am to 6pm; but could only do 5 hours per day. So, if there's a job going that's 10-2, that's fine for me physically; but I couldn't do a job that's 10am-6pm - because physically it would mess me up.

Maybe the answer is that they don't know anything about my illnesses/idsabilities and they have just assumed that I am fit.

Maybe. It does state on mine that I'm partially sighted.

andyandflo

sh1305 wrote: »

No. It says that I can look for work that would typically run from 10am to 6pm; but could only do 5 hours per day. So, if there's a job going that's 10-2, that's fine for me physically; but I couldn't do a job that's 10am-6pm - because physically it would mess me up.



Maybe. It does state on mine that I'm partially sighted.

Thanks for that, now I understand fully. Those are the hours you are available for within which you can work some hours.

Right I understand that you have that disability.

I am just wondering that to keep the JSA happy and let me stay on it, I should only tell them about being Type 1 Insulin Dependent as opposed to the whole long list of ailments.
That is a recognised condition covered by the DDA, which should be enough to get them to accept that I am also not fit to do more than 16 + hours pw and get my agreement altered.
I will go down the the JC in the morning and put it to them. I have enough evidence to prove it.
A couple or so hours a week would seem to be alright as long as it is not manual work.
At least that way I will keep my JSA for another 4 months and have a £5pw increase for the work that I do.

MrsManda

andyandflo wrote: »

I am just wondering that to keep the JSA happy and let me stay on it, I should only tell them about being Type 1 Insulin Dependent as opposed to the whole long list of ailments.
That is a recognised condition covered by the DDA, which should be enough to get them to accept that I am also not fit to do more than 16 + hours pw and get my agreement altered..

Why does having Type 1 diabetes mean you are not fit to work more than 16hrs a week?
A condition covered by the DDA does not mean that it limits your ability to work, it means that employers are not allowed to discriminate against you due to your disability and have to make 'reasonable adjustments'.

If you feel you cannot follow the agreement you signed for JSA, sit down with your advisor at your next signing on date and discuss your problems in a rational calm manner. They're there to help you but going in all guns blazing and demanding they change the agreement you signed because you don't think it's fair is not going to make them particularly well deposed to spend time listening to you. Whereas if you are polite, calm and willing to have a two-way discussion to try to find an agreement which works for you and the Jobcentre you are more likely to get a helpful response.


(just as an aside, as of this month, October 2010 the DDA is being replaced in part by the Equality Act 2010).

dookar

andyandflo wrote: »

Ah I see. So it was a two way discussion - that didn't happen in my case!
But you said that you have restricted your agreement to over 16 hours, but from the above, you have agreed to work 40 hrs per week?

Maybe the answer is that they don't know anything about my illnesses/idsabilities and they have just assumed that I am fit. They didn't ask any questions about my fitness to work, or indeed anything that resembled the fact that they knew that I had failed the ESA medical.

That then is a problem for me then. The last time (Jan 2010) that I stopped my ESA claim after failing the medical and signed on for JSA as per their letter, I showed them a copy of my sick note and some medical evidence. They then refused to carry on with the JSA claim saying that I wasn't fit for work. They helped me fill out a rapid reclaim of ESA. The reason I mention this is that this caused a very long delay in getting any money. It ran into months with ESA arguing that JSA should pay then JSA saying that I had not been on JSA long enough to pay anything (24 hrs).

If I go down that line again now and tell them what is wrong with me, and show them the copy evidence, they will probably push me back onto ESA which I do not want to claim again for obvious reasons to do with my last claim. That will cause a problem with my money again.

How on earth do I demand a change to my JSA contract to limit my working ability to 16 hours per week Monday - Friday without running the risk of them kicking me off the benefit altogether?

Are you incapable of speech?

andyandflo

MrsManda wrote: »

Why does having Type 1 diabetes mean you are not fit to work more than 16hrs a week?
A condition covered by the DDA does not mean that it limits your ability to work, it means that employers are not allowed to discriminate against you due to your disability and have to make 'reasonable adjustments'.

It probably wont help but it's worth a try. It's not the Diabetes that is giving me the problem of having to look for and be expected to carry out a 30 hour week. As I have asked, could I use that as an excuse instead of producing a whole long list of other things that are wrong with me. If I do that, there is every chance they will kick me off JSA to claim ESA again, something that has happened before and caused an almighty problem with lack of money for months on end. ESA is not for me, considering the problems that I have already had with them and that crazy benefit.

If you feel you cannot follow the agreement you signed for JSA, sit down with your advisor at your next signing on date and discuss your problems in a rational calm manner.

That is what I did when I first signed on, except it wasn't a two way coversation - they told me what they expected of me!

They're there to help you but going in all guns blazing and demanding they change the agreement you signed because you don't think it's fair is not going to make them particularly well deposed to spend time listening to you. Whereas if you are polite, calm and willing to have a two-way discussion to try to find an agreement which works for you and the Jobcentre you are more likely to get a helpful response.

As if! That will only work if I am open and honest and tell them of all of my illnesses/disabilities. Then their size 9 will be behind my backside telling me to claim ESA. I've already been down that road in January and it got me nowhere. They refused to consider me for JSA. So this time I learned - keep mouth shut!!
I can't afford to mess around changing benefits again. Nor can I cope with the horrors I have been through with ESA in the past.
If they would agree to say 16 hrs pw Mon - Fri I would be happy and I am hoping that having Diabetes will help it move in that direction.
If you say it won't - well then I am stuffed up a creek without a paddle!!
There is no way I could work the hours they say I should be doing.
Heck, if that was the case I would have stayed in my old job earning £20,000 instead of leaving in December 09 because I knew I could never offer to do those full time hours again.


(just as an aside, as of this month, October 2010 the DDA is being replaced in part by the Equality Act 2010).

What do you suggest I do then?

andyandflo

dookar wrote: »

Are you incapable of speech?

What is that supposed to mean?

cassieB57

andyandflo wrote: »

Because if you work for more than 16 hours you lose your JSA even if you don't earn anything. Then you have to work more than 30 hrs pw to get WTC!

Anything in between - 16 or more but less than 30 does not count for anything except CTB & HB.

If you are eligible for SPC,then you must be over 50, so you can claim WTC if you are moving off benefits and into work of at least 16 hrs pw

andyandflo

cassieB57 wrote: »

If you are eligible for SPC,then you must be over 50, so you can claim WTC if you are moving off benefits and into work of at least 16 hrs pw

uh!!! what is this 'SPC'?

I spoke to HMRC and they said that I had to work over 30hrs pw!!

Whereabouts on the HMRC website does it say this? That I can get WTC if I work for only 16 hours pw?

I am 62 and my wife is 66

Claimed ESA (contribution based) - Oct 09 - Aug 10 - (but since Feb 10 at the appeal assessment rate)
Then claimed JSA (contribution based) - from Aug 10.

NASA_2

SPC = State Pension Credit.

Oldernotwiser

Couples rate JSA £102 pw - Pension Credit couples rate £202pw. Are you sure you used to be an accountant because your choice seems utter madness to me?