income support for disabled workers

skater_kat

hello, looking for a bit of advice regarding the part of income support for disabled workers.

I currently work under 16 hours per week. I can't work full time due to disabilities. Claiming DLA.

I understood that as a disabled worker, you could claim income support if your earnings were low enough.

The DWP website puts this as:

Does your illness or disability put you at a disadvantage of getting a job? eg pay is less than others expect for the same work
Yes No
Help on 'disadvantaged in getting a job'
Help
Choose 'yes' if a physical/mental disability means: • earnings are 75 per cent or less of the amount a person without a disability would expect to get for the same work
• working hours are 75 per cent or less of those that a person without a disability could reasonably expect to do in the same job



that last bit there applies to me.

When I have phoned to make an application, the person at JCP says that I cannot apply for IS, I have to apply for ESA.

I am currently working, happy with working, happy with my job. Not looking for another job and don't need to be doing work focused stuff to try and gee a job - i already have one, so why would i go in ESA? I can't increase my hours so thats that. I can't get working tax credits as my income last tax year was over the threshold.

Can anyone advise - DWP website benefits advisor says I should claim IS. Does'nt mention either ESA or tax credits. However clearly the JCP do not agree!

thanks

jetta_wales

I think it's called 'allowed work' the hours you can work while claiming income support as a dissabled adult but I think it would still come under a degree of means testing so if you earn too much to get any tax credits at all then it would probably be too much for income support then also. For instance you couldn't be an author only working 3 hours every week day on a book but that book earns you £200k that year and still get income support. Pretty wild example of course but hopefully it makes sense :-)

dmg24

How much do you earn? Do you have any other household income? Which rate of DLA do you receive?

MrsManda

Have you put your details into the DWP benefits calculator or the turn2us benefits calculator? If not they're worth filling in to see what they suggest you should be able to claim

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=

Sorry just realised you did say that you've used the DWP calculator. Have you tried the turn2us one?

I've been reading the DM guidance for IS:
http://www.dwp.gov.uk/docs/dmgch20.pdf which does say that the section on Disabled Workers has been revoked as of 2010. If you click on the link and search for: 20496 you'll get to the correct section.

It may be that you need to claim ESA and be able to continue working less than 16 hours a week under the Permitted Work rules but I don't know enough about how it works.

You could try calling the benefits line again and speaking to a different advisor or just fill out the IS application form and see whether you get it?

skater_kat

I now work 7 hours per week @ £13 p/h gross. Previously I was earning more but always working part time.

I Recieve DLA lower rate care.

I did put everything into online calculators which say I should claim IS.

Interesting what MRsmanda you say about it being revoked.

I just don't think permitted work / ESA set up fits my situation i guess! not trying to be pedantic or anything, guess i just need to know what i should be doing for sure.

skater_kat

also, am doing my application now (have JCP interview with an advisor tomorrow). If IS is refused - not sure how quick the decision is - would I have to reapply for ESA from that date or does anyone know if it could be backdated to when i made my IS claim.

not sure if this thread should go in the benefits section or in here BTW!

dmg24

Assuming you are above 25 you do have some entitlement, but I agree with MrsManda, you need to claim ESA. If your ability to work is limited by your health condition, then it is the correct benefit, however you will have to comply with the usual ESA requirements.

dmg24

skater_kat wrote: »

also, am doing my application now (have JCP interview with an advisor tomorrow). If IS is refused - not sure how quick the decision is - would I have to reapply for ESA from that date or does anyone know if it could be backdated to when i made my IS claim.

not sure if this thread should go in the benefits section or in here BTW!

You would have to reapply. It would not be backdated.

skater_kat

Assuming you are above 25 (yes - i am 34)


you do have some entitlement



can you elaborate on this?


thanks

dmg24

skater_kat wrote: »

Assuming you are above 25 (yes - i am 34)


you do have some entitlement



can you elaborate on this?


thanks

With IS you are allocated a minimum amount that you are expected to live off - in your case it would be around £93. As you would have a £20 disregard, you would be entitled to approx £22 per week.

I have just realised I am still referring to IS figures. ESA amounts are broadly the same once you reach the post assessment phase, but if you qualify for Contributions Based ESA you would potentially get the full amount (£65ish for the assessment phase, £90+ after thirteen weeks).

Sorry, that doesn't read very well - I'm a bit hazy today!

You really need to focus on applying for ESA, not IS.

Edit: You'll need to get a fit note from your GP for your application.

skater_kat

MrsManda wrote: »

Have you put your details into the DWP benefits calculator or the turn2us benefits calculator? If not they're worth filling in to see what they suggest you should be able to claim

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=

---

both of these calculators tell me i can claim income support.