No longer entitled to ESA - what happends with job seekers?

inspector-71

My wife has MS and was receiving the lower carers rate of DLA and was in the support category for ESA.

She recently had a re-examination for the ESA and has just been informed she only scores 9 points (she has a tremor in one hand that prevents her writing or using a computer / sharp knife etc) and is no longer entitled to it.

She works 4 hours per week as a dinner lady (since feb 11) and also volunteers at the school for a further 3 hours per week helping in the library.

She has been receiving ESA since approx Nov 09 when her SSP ran out. She sunsequently was made redundant from her job in Jan 10.

Would she qualify for contribution based jobseekers or would it have to be income based?

If it is income based how screwed would we be that I am an upper rate (40% tax) earner?

I take it there is no mileage in appealing the ESA ruling unless something changes with her condition? Incidentally, if she could not use either hand due to the tremor, how many points would that score and how many are needed?


Quite a lot to take in there but thanks for any help

relic

I'm not 100% sure, but I don't think she would be entitled to contribution based JSA based on those hours. I'm sure someone will be along soon to correct me.

Based on the fact you are in a 40% tax bracket, she wouldn't be eligible for any IB JSA.

rogerblack

inspector-71 wrote: »

My wife has MS and was receiving the lower carers rate of DLA and was in the support category for ESA.

She recently had a re-examination for the ESA and has just been informed she only scores 9 points (she has a tremor in one hand that prevents her

You need to consider fully all the descriptors that could apply, in any reasonable manner they may apply.
You also need to consider that you need to be able to do an activity 'with a reasonable regularity throughout the day' - and you need to be able to do it for at least most days.

http://www.dwp.gov.uk/docs/m-06-11.pdf
These are the descriptors that apply, if the claim was put in after March 28 - I guess this is not the case for you - so read http://www.dwp.gov.uk/docs/dmgch42.pdf

The LCW test - limited capacity for work - you have to get 15 points (you can't score twice in each activity) see page 71 of the second document)
Or the LCWRA -limited capacity for work related activity - page 87 (match any of the descriptors for support group)

To answer your initial query.
I'm unsure why she'd get 9 points at all in this case.
Assuming her only disability is total inability to use one arm.
As I read the descriptors (page 72) none of the reaching descriptors apply - so it can't be that. (one hand works)
5c - cannot pick up a bulky but light object with both hands - 6 points.

6g - can use a star-headed tap with one hand but not the other - 6 points.
6h - can pick up a pound coin with one hand but not the other - 6 points

This would total 12 points - (not 18 - you can't score twice in one category)

If there are no other problems she has - it would seem unlikely that she can get ESA - on simply a points based approach.

However.
Would there be a health risk to herself or others, if she was to do a full work week, continuously?

Is she at times confused, or does the disability make her very anxious in front of other people, or ... Read _all_ the descriptors - and see if there is any reasonable way they could be applied to her.

This is a horrible process to go through.

inspector-71

Thanks. A lot of info there which I will need to take in. I think the 9 points comes from the manual dexterity section (can't write, use a computer, buttons). I think this is based on the fact that while her tremor is predominantly in one hand the other is affected. She can however do the tap, coin, turn a book bit.

She has been on the phone today and advised to appeal and also apply for income support. Looking at the website I can't see where she would qualify for income support. Any ideas? Would this also be means tested and take into account my earnings?

ceecee1

I would imagine that your wife has been advised to claim income support whilst her appeal is pending. This advice is routine and they will have had no information relating your income.

She will not get income support as your income will be take into account.

inspector-71

Thanks. I suspected as much.

So anyone know what, if anything, would be available

richard9991

ceecee1 wrote: »

I would imagine that your wife has been advised to claim income support whilst her appeal is pending. This advice is routine and they will have had no information relating your income.

She will not get income support as your income will be take into account.

She cannot claim income support full stop it is not for sick/disabled people