Sick partner and I've lost my job - advice wanted over which benefits we can claim

fat-pudding

Hi,

I've been dismissed from my job that I've had for the past 8 months and although I'm already looking for suitable work it's not easy to find jobs now as it has been in the past!

Anyhow, my situation is that I live with my partner and our 2 children (both under 6) and it's looking likely that we will need to claim benefits when my notice period has run out (sometime at the beginning of March). I know we can claim tax credits, council tax benefit and housing benefits but I'm not certain which social security benefit we can/should claim.

My partner is ill and can't work, I don't need to care for her but I do need to be available to care for the kids if she becomes ill (she has Fybromyalgia which occasionally means she ends up in bed for a day or two) she currently has NI credits paid for and has been filling in IB50's every couple of years to carry on this claim. A few years ago we were claiming Income Support and we got an extra payment due to my partner being considered sick/disabled. We managed to get off benefits a few years ago as I found a job that was flexible enough for us to be in a situation where I could work as the employer was flexible and understanding and the job I just lost was work from home so they were suitable for what we needed.

Also we're currently waiting for her case to be reviewed which should have happened on/around the 6th of February this year but as yet have heard nothing.

Anyhow, what social security benefit should we be looking to claim? I will continue to look for suitable work (that fits in with my partners illness) as I go stir crazy when not working but her illness does restrict the work I can do as I need to be available on short notice so can't work far away from home and need a flexible job. Can we still claim income support or must we claim something else? I'm not sure what benefits the NI credits are counted as or being paid under?

Sorry for the rambling nature of this post, let me know if there is any other detail I need to add? If someone could please advise us what we could/should be claiming if I can't find work then it would be excellent, we tried to get in touch with our local CAB but their phone line is always busy and don't know who else to ask, we would ask the DWP but they've given us some very bad advice in the past that caused us no end of trouble (although we did resolve these problems in the end after winning our appeals) so we're looking for alternate sources for information.

[Deleted User]

does your OH get dla and if so at what rates?

fat-pudding

No, never made a claim for DLA, should we? Although, we're not certain that she meets the requirements.

fat-pudding

Sorry to bump this but I've done some more reading and think me and my partner may be able to claim ESA? Is this correct as she can't work although I can (but I need a suitable job so that in certain circumstances I can look after her and the kids).

Would I be able to claim Contribution based JSA at the same time as if she claimed ESA? I can't find anything that lays down the rules clearly, the DWP calculator says we should make a joint claim for JSA which must be wrong as my partner can't look for work due to illness!

MrsManda

fat-pudding wrote: »

Sorry to bump this but I've done some more reading and think me and my partner may be able to claim ESA? Is this correct as she can't work although I can (but I need a suitable job so that in certain circumstances I can look after her and the kids).

Would I be able to claim Contribution based JSA at the same time as if she claimed ESA? I can't find anything that lays down the rules clearly, the DWP calculator says we should make a joint claim for JSA which must be wrong as my partner can't look for work due to illness!

ESA is the benefit which replaced Incapacity Benefit, you cannot claim both. If your OH is not already claiming IB then she can claim ESA. If you've paid enough contibutions you can claim JSA(C).
I'm not sure how it works with doing joint claims.

Your OH may be able to claim DLA if she has care and/or mobility needs
http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DisabilityLivingAllowance/DG_10011816

It's worth putting your details into the benefits calculators below to see what you may be entitled to. I'd also phone the benefits line as they're really helpful with telling you what you can claim and you can often fill out the forms over the phone which speeds up the process.

http://www.turn2us.org.uk/benefits_search.aspx

https://www.dwpe-services.direct.gov.uk/portal/page/portal/ba/lp?_piref278_36249_278_36248_36248.__ora_navig=action%3Dentitlement%26pageno%3D16

fat-pudding

We don't think she's eligible for DLA as she has good days and bad days (more good than bad thankfully!) although on a bad day she can't do "normal" tasks.

I've already looked at the guides and they still don't really answer my question of what should we claim, it seems that everything assumes you're either all ill and not working or all able to look for work. I want to work, just it does need to be with an understanding or flexible employer, my partner can't work and I just don't know what benefits we could claim. When we spoke to the DWP before they said we should claim JSA but this just doesn't seem right as If I wasn't living here then my partner could get ESA and last time I claimed JSA they wouldn't let me be flexible about the positions I could take? Maybe they'd given me bad advice?

I'm starting to think maybe we should try a claim for ESA and then if that isn't allowed we could at least claim JSA and backdate it? Especially if I have proof of looking for work?

[Deleted User]

fat-pudding wrote: »

No, never made a claim for DLA, should we? Although, we're not certain that she meets the requirements.

does she have any care and/or mobility needs? if yes then she should claim dla

fat-pudding

I don't think she meets the criteria for DLA, when reading the DLA advice on this page http://www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DisabilityLivingAllowance/DG_10011816 it doesn't really count as she can walk, especially on good days she can walk normally, on bad days she can still walk but it will leave her in pain or pain later on.

I don't think the nature of her illness meets any of the reasons given on those pages. Even so, at the moment I'm more concerned about which benefit we should be applying for, I'll try phoning the DWP on Monday but I really don't trust them as they are the most dishonest organisation we've ever dealt with, thankfully we kept all the paperwork as it proved they'd lied to us in the past and contradicted themselves just before they tried to take us to court, when I sent them photocopies of all the paperwork that they "couldn't find" they suddenly could find it, I really hate dealing with them but in this situation we're left with little choice.

fat-pudding

We've now called the DWP and have been told by one adviser we should claim ESA, another one said Income Support or JSA but they aren't really sure... :mad: