IB/IS question

kingfisherblue

My friend's husband receives IB and has not worked for a number of years. My friend receives Carer's Allowance as she is primary carer for their severely disabled son. They get a small amount of Income Support (paid to the husband).

The husband recently had a medical for IB and the transfer to ESA. He didn't get any points and has been told that he will lose his IB and will either have to transfer to JSA, or that his wife will have to claim IS for both of them. They acknowledged that his ability to work is limited.

It doesn't make sense to me that on the one hand they say he cannot get IB or ESA and should claim JSA and look for a job within his capabilities. Yet on the other hand, he could get his wife to claim IS for both of them and he doesn't have to claim JSA and seek suitable work.

Am I misunderstanding something? Either he is fit for work (albeit in a limited capacity) and isn't entitled to claim IB/ESA, or he isn't fit for work. I'm sure that there is a simple explanation, but for the life of me, I can't see it!

If anyone can enlighten me, to satisfy my nosiness and correct my confusion, I would be grateful.

rogerblack

kingfisherblue wrote: »

My friend's husband receives IB and has not worked for a number of years. My friend receives Carer's Allowance as she is primary carer for their severely disabled son. They get a small amount of Income Support (paid to the husband).

The husband recently had a medical for IB and the transfer to ESA..

Neglecting most of this.
Appealing is often worthwhile - a large percentage of appeals succeed.
First step is to phone them, and request a written statement of reasons, along with a copy of the medical report obtained.
Then go through, and note any inaccuracies in the report, and submit this with any other medical reports you can get, or any other evidence that would support your case for a reconsideration.

In addition, I'll note that you can be too well to get ESA, yet too sick to legally claim JSA.
JSA requires you to be willing to take work 16 hours a week.
ESA does not explicitly say that if you can't work 16 hours a week, you get ESA.

kingfisherblue

Thanks roger - they are appealing, but I will let them know that they should request the statement and report.