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What benefits?

A friend of mine has been told he cannot receive any help.He finished work through ill health and receives a pension of £120 monthly.He's been refused ESA even after appealing.His wife is a nurse but averages about 30 hours per week for an agency.He's been told he can't get JSA due to his wife working so my question is can he claim anything.Kids are grown up and wife earns about £20,000.

Comments

  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    edited 7 November 2010 at 12:46PM
    If he has paid the appropriate NICs, he could claim contributions based JSA.

    Corrected.
  • noelphobic
    noelphobic Posts: 2,297 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he has paid the appropriate NICs, he could claim means tested JSA.

    I think you mean contributions based JSA but he will only get this if he is well enough to work.
    3 stone down, 3 more to go
  • ankspon
    ankspon Posts: 2,371 Forumite
    He has worked all his life and paid stamp,he was told he can't claim contribution based JSA due to the fact he received ESA for 6 months,thats how long it took for them to decide he wasn't entitled,and the fact his wife works.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    noelphobic wrote: »
    I think you mean contributions based JSA but he will only get this if he is well enough to work.

    You're right, I meant means tested - I'll correct it.

    He can claim it if he's available and actively seeking work. There's no reason to fall between ESA and JSA.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    davidhwdn wrote: »
    He has worked all his life and paid stamp,he was told he can't claim contribution based JSA due to the fact he received ESA for 6 months,thats how long it took for them to decide he wasn't entitled,and the fact his wife works.

    Sorry, I posted before reading this.

    In that case, I don't think there's anything else he could claim, unless he has care/mobility needs that would make him eligible for DLA.
  • ankspon
    ankspon Posts: 2,371 Forumite
    Means tested,so they take his wifes income into account,he can't get it.He isn't eligible for DLA but thanks anyway
  • It will be the pension.

    Though most types of income don't affect contributory based benefits, occupational or personal pensions can affect contributory based benefits. The pension may knock out entitlement to contributory based JSA and ESA and his wife's earnings would knock out entitlement to income based benefit.
  • bertiebat
    bertiebat Posts: 310 Forumite
    Part of the Furniture Combo Breaker
    It will be the pension.

    Though most types of income don't affect contributory based benefits, occupational or personal pensions can affect contributory based benefits. The pension may knock out entitlement to contributory based JSA and ESA and his wife's earnings would knock out entitlement to income based benefit.

    It's only a pension over £85 weekly. The pension relating to this posting is only £120 monthly so doesn't apply in this case. If he had been accepted onto ESA then this would have been OK.

    Rules are as follows (from directgov website)

    Pension income rules

    If you receive contribution-based Employment and Support Allowance and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
    The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Employment and Support Allowance payable is reduced by half of that, which is £7.50.
    If you receive income-related Employment and Support Allowance, any pension income you have will be taken into account, regardless of the amount.
    Just in case you were wondering (some have)..... I'm a woman!
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