Was I correct?

kingfisherblue

Somebody came into the community centre where I volunteer and asked where to go for benefits advice. I suggested the Job Centre, but she replied that they hadn't been helpful. I also suggested the council's welfare advice centre and the CAB.

The young woman has been on IB and had a medical to transfer her to ESA. However, she has received a letter stating that her last payment will be next week as she no longer qualifies. She has a bowel condition. I did advise her that she could appeal, but also pointed out that it may be classed as reasonable for her to tend to her own needs fairly well. She agreed that she did not need help in cleaning herself after an expulsion.

She is married and her husband works 16 hours a week - she said that there is no possibility of any extra hours. They have two children, one a toddler and one at school.

I suggested that she contacts the council with regard to her drop in income (the stopping of her IB) because she currently claims HB and council tax benefit. I also told her that she may be able to sign on if she intends to seek work, but I wasn't sure about this.

I advised her to contact CTC about her change in income as well.

They currently get WTC but she did not know about the new ruling of working 24 hours a week in order to get it (I know it is still 16 hours for single parents).

As far as I am aware, there is no replacement for her IB as she has failed the medical. Did I get it right, wrong, or miss something out? I did tell her I wasn't an expert by any means and that she should get advice from CAB or welfare rights at the council.

mynameistallulah

Your advice is accurate - if she does not wish to appeal the ESA decision she may claim JSA, but whether she will qualify for any payment will depend on how much her husband earns.

kingfisherblue

Thanks tallulah - that's why I said that she may be able to sign on, but I wasn't sure. I didn't get the impression that she would appeal, she said it wouldn't be worth it. She has a prolapsed bowel from her first pregnancy and this has caused some problems, but preumably whoever did the medical didn't think it would stop her from working. I don't know enough about prolapsed bowels to comment

Torry_Quine

The Job Centre won't help but CAB or welfare rights are places that can.

Has she been on ESA for at least a year as that would be the reason for it stopping as you can only get contribution based for a year before you are asssessed for income based which is calculated on household income. With her husband working she wouldn't be eligible.

Or was she turned down for ESA when first assessed as she didn't reach the threshold required of 15 points. It has harder criteria than IB so many do fail. I wold also point out that ESA is given if you are deemed unable to work in any capacity so it doesn't depend on diagnosis.

kingfisherblue

She said that she had been on IB, so I think it was the transfer from that to ESA that triggered the medical.