Help - claim?

icclebug

Please help, my mum has been suspended for the last 5 weeks. All she has had from her employer is a letter 1 week in, for an interview which she attended. She was told she wood hear something within 7 days. She finally received another letter today, 3 weeks after the interview.

I accept that this is not good practice but I guess procedures have been followed. The allegations against her are complete fabrication, basically jealousy within the organisation from people who want her job. That aside, her mum died in the middle if this process, so her state of mind is really bad.

She has now been invited to a disciplinary hearing next week, which she is simply not strong enough to do. She feels so aggrieved by the whole issue and feels unable to attend the meeting and is even considering resigning.

I really need advice on what she can claim, if she leaves . I am aware if the 26 week sanction that could be imposed but would still appreciate some advice.

Thank you

GlasweJen

If she resigns then she'll face the 26 week sanction, especially if she doesn't have any dependants.
If she is fired and the DWP decide she brought her sacking on herself then it's 26 week sanction.

Your mum may be able to claim housing benefit (or local housing allowance) and council tax benefits depending on the household income (does she have a partner?) and any savings. She could also apply for hardship payments which would be a percentage of her job seeker allowance - there is no set criteria for these and it's at a decision makers discretion.

If there are children at home (under 19 and in full time education) she will be able to get child benefit and possibly child tax credits.

Regardless your mums income is going to plummet if she loses her job so you need to prepare her for this as much as you can. Get her to look through the oldstyle and debtfree boards on here for money saving advice.

icclebug

Thank you for the reply. Currently mum shares a house with my sister, they share the rent and bills etc as my sister is over 25 and working.

Even if she is given hardship money can she still claim housing benefits?

Also, given her state of mind I think she may end up not being fit for work, I am making her a doctors appointment today. Given her impending divorce, her mum passing away and the trouble at work it's hardly surprising. If this is the case can she claim incapacity benefit?

Thank you

GlasweJen

Incapacity benefit no longer exists.

Your mum would need to get a sick line from the doctor and submit this to her work (as she is currently still employed), if she walks out/loses her job she can put in a claim for ESA, this is different to incapacity as it focuses on what the claimant can do rather than can't do. At the medical it will be assessed wether she has capability to work and if so if she needs additional support getting a job.

Yes your mum will be able to claim housing benefit while claiming hardship payments but she wont be able to apply for JSA and ESA, it's one or the other (but they are worth the same in terms of how much she will get).

She can only claim ESA until the doctor stops issuing sick lines or until she is assessed by a medical, her doctor signing her off sick does not equate to the medical finding that she is incapable of work. I imagine that as the mental health problems are as a direct result of a death in the family the GP would not support her being signed off long term unless there are previous MH problems?

icclebug

All makes sense, thank you.