Can you be forced to give up employment to get esa

Bootsalebargains

I know this question doesn't sound right but I don't know how to word it.
My husband has been on incapacity and dla for 8 years but also has a sickness benefit from his employers pension so he is still legally on their book and therefore employed.
When they change him to esa if they find him fit for work what happens, his employers won't have him back in as there is no job there he can possibly do.

We're hoping they're not stupid enough to find him fit for work but you never know.

rogerblack

You don't have to claim any benefit at all.
If you are employed, you can't claim ESA.
I do not know if someone recieving payments this way would count as employed.

Anyway - in general - the test for ESA is _not_ a test of fitness for work, but a test of if you tick the right boxes.

For example, two people.
One is a well educated and otherwise healthy person that has an epileptic attack once every 5 days, of which they get sufficient warning, and they can safely leave whatever task they're doing, and be back at it in half an hour.
One can barely work a washing machine, mutters to themselves constantly, has some difficulty walking, and can't understand more than simple instructions.

From the point-of-view of the government, the second is fully 'fit for work' - and the first is not able.

NASA_2

You can claim ESA if you are employed. You can even claim it if you are at work for up to 16 hours a week.

chivers1977

I am employed FT and getting Income Protection payments through work (been off sick 12 months now). I get ESA (c) WRAG. I have been claiming since June when my SSP ran out and I haven't been sent for an interview at the JCP yet.

If they find you fit for work then you can appeal and get £67.50 pw until the assessment is heard.

Ames

rogerblack wrote: »

You don't have to claim any benefit at all.
If you are employed, you can't claim ESA.
I do not know if someone recieving payments this way would count as employed.

Anyway - in general - the test for ESA is _not_ a test of fitness for work, but a test of if you tick the right boxes.

For example, two people.
One is a well educated and otherwise healthy person that has an epileptic attack once every 5 days, of which they get sufficient warning, and they can safely leave whatever task they're doing, and be back at it in half an hour.
One can barely work a washing machine, mutters to themselves constantly, has some difficulty walking, and can't understand more than simple instructions.

From the point-of-view of the government, the second is fully 'fit for work' - and the first is not able.

Yes you can, my mum was still employed when she went on it. Which is one of the reasons it was so ridiculous that she got a letter asking her to a 'back to work' interview - she already had a job to go back to.

suelees1

I think we're all agreed you can get it whilst employed usually after your SSP expires.

Bootsalebargains

Thank you for all the replies.
His employers have said there is absolutely no way he can go back there, he was a chemical technician in a factory making microwaves (now they make solar panels) and now he is registered partailly sighted, in a wheelchair which I have to push as he has neuropathy in his hands, we are on the waiting list for an electric wheelchair. He has an artificial leg but his stump is breaking down and constantly blistering due to being diabetic for 30 years and he can only wear the leg for approx 4 hours a day. His neuropathy also means he can drop thing without warning or not be able to pick things up, he can't even use a knife so I have to cut his food up.

chivers1977

It really doesn't sound like he should ever get found fit for work TBH but just remember that he has the right to appeal and I can't imagine a tribunal would find him fit for work. I hope that he gets his wheelchair soon

[Deleted User]

rogerblack wrote: »

You don't have to claim any benefit at all.
If you are employed, you can't claim ESA.
I do not know if someone recieving payments this way would count as employed.

Anyway - in general - the test for ESA is _not_ a test of fitness for work, but a test of if you tick the right boxes.

For example, two people.
One is a well educated and otherwise healthy person that has an epileptic attack once every 5 days, of which they get sufficient warning, and they can safely leave whatever task they're doing, and be back at it in half an hour.
One can barely work a washing machine, mutters to themselves constantly, has some difficulty walking, and can't understand more than simple instructions.

From the point-of-view of the government, the second is fully 'fit for work' - and the first is not able.

as someone with severe epilepsy i hate the word "epileptic"

Uncertain

rogerblack wrote: »

If you are employed, you can't claim ESA.

Not true.

For example you may have a job with extensive sick pay provisions and be entitled to, say, six months full pay followed by six months half pay.

When the SSP runs out (six months) it is not uncommon for the company sick pay scheme to require you to claim any benefits you are entitled to such as ESA and for the firm to deduct this amount from your company sick pay.

You also find yourself in the ridiculous position of having to attend so called "Work Focused Interviews" despite the fact you have a job open for you to return to if / when you are better.

jetplane

What is this sickness payment from his employer? If they have been paying it for 8 years it must be some sort of enhanced scheme. Do they pay it on the basis of him receiving Incapacity or on their own occ health or GP judging him unfit for work? Can they not retire him on this sickness payment?

You need to find this out as it is possible that even if he can't get ESA if he is found fit he may still get his employers payment.

There are some employer schemes which have generous clauses in them. eg. I remember many years ago a fireman who had an extra sickness enhancement which could only be paid if he was NOT entitled to Incapacity Benefit (although he had to try to qualify for any state scheme first). The employer scheme was more generous so he had to claim IB and fail the appeal.