help with esa please

shazawxm

hi my husband had a bad smash broke his back and shattered his leg his contract of employment unfortunatly runs out 30/04/2012 as of then he is unempolyed so i was advised to claim for ESA but upon speaking to someone from benefits said he may not be entitled as he only contributed since 13/07/2010
she said we may have to go for all income related benefits, now i am working 37 1/2 hrs per week my 2 sons work i claim disability working element of 19.00 a week, now tax credits want to know what my husband will be recieving ,ESA want to know what he will be recieving how the heck do i know not 1 or the other is giving me a straight answer its not fair as she said very doubtfull if he will recieve anything i bring home 205.00 a week my rent and council tax is 127.00 a week and she said i wont get help with that either the hospital says his recovery rate is 12 to 18months ,if this is the case i cant afford to work please someone advise :mad:

pmlindyloo

shazawxm wrote: »

hi my husband had a bad smash broke his back and shattered his leg his contract of employment unfortunatly runs out 30/04/2012 as of then he is unempolyed so i was advised to claim for ESA but upon speaking to someone from benefits said he may not be entitled as he only contributed since 13/07/2010
she said we may have to go for all income related benefits, now i am working 37 1/2 hrs per week my 2 sons work i claim disability working element of 19.00 a week, now tax credits want to know what my husband will be recieving ,ESA want to know what he will be recieving how the heck do i know not 1 or the other is giving me a straight answer its not fair as she said very doubtfull if he will receive anything i bring home 205.00 a week my rent and council tax is 127.00 a week and she said i wont get help with that either the hospital says his recovery rate is 12 to 18months ,if this is the case i cant afford to work please someone advise :mad:

OK, as you have already found out this is quite complicated!

To be able to claim contribution based ESA then you have to meet certain criteria as regards NI contributions which are very complicated.

You say that he spoke to someone and they said he may not be eligible. Does this mean that he has applied for contribution based ESA and is waiting for a decision?

If he is turned down for contribution based ESA then he will not be entitled to income based ESA because of your income.

Therefore, you should notify Tax Credits about this change of circumstances and say that he will be earning £0 for this coming year.

This should mean that you will be entitled to tax credits based on this year, rather than last year.

If you have not had a decision about his contribution based ESA then I think you will need to wait until you have this before you notify Tax Credits. You can tell Tax Credits that you are awaiting a decision. If he is awarded contribution based ESA then this will be needed to put down as income when you speak to Tax Credits.

You can apply for HB and CTB but I am not sure that you are eligible.

So, you will have Tax Credits, your salary, contributions from your two sons and possibly HB and CTB.

Your husband may be eligible for DLA (Disabilty Living Allowance) This is a non means tested benefit which is for care and mobility needs arising from a disability. Google it and see if you think he meets the criteria. If you decide to apply then you may want to get help from CAB/Welfare Adviser to fill in the forms. If you are awarded this then when your husband is better you can notify then of a change in circumstances and stop the award.

PS Don't quit your job as you could be sanctioned for up to 28 weeks and would not be entitled to any JSA.

krisskross

Do you have any dependent children?