esa 365 days finished, been told can't claim a penny

24hourwork

please can someone help.
I am writing this for my partner, he currently claims ESA, after being taken off incapacity benefit, we received a letter to say his 365 days were over and he will now not get a penny, and that as he lives with me its upto me to support him, even down to paying for prescriptions (he is a double transplant patient so takes a cocktail of drugs to keep him alive)
i have rang the benefits line, for a rather rude gentleman to tell me to live apart from Dareen as he would then get a house paid for and benefits, as he is in the limited capability to work group of ESA, is this right that they just stop it even though they have stated he does have a limited capability for work, and after trying for 2 years to get a job no one would take him on with his conditions, so what is he suppose to do?
They have said we would be best having our house taken off us (we have a mortgage, but no equity in the property) and have said the if we lost the house they would have to help us, as even though i work full time it is only minimum wage, we will have no way of coping, any my other half is so ill it stressing him out, i cannot believe that our government is doing this to disabled people,and i would really appreciate some advice or help, as we are not scroungers, i work full time and always pay my way

[Deleted User]

contribution based esa has been limited to 365 days from april this year,but applied retrospectively,and because you earn above £7500 a year oh wont get income based esa,and thats that i`m afraid
i`m not sure i believe some of the things you claim you were told about living apart/housing etc
as for prescritions you can get a pre-paid certificate which should save you money,or apply for HC1 on basis of low income to get help with them plus glasses/dental

HB58

As Woodbine says, the legislation allowing the time-limiting of contributary to 365 for those in the WRAG was enacted in April and I am afraid that there will be many other people in a similar situation to the OP.

24hourwork

i have no reason to lie? so i am not sure why you believe me, i stated to the gentleman i rang today that was it correct my OT would be entitled to nothing because he lives with me, he replied " yes thats right" so i aksed was there anything else he could claim for,other wise we would no longer be able to pay the mortgage, he said " if me and my other half didn't live together then he would get benefit paid and a home to live in" i said that that wasn't something i was willing to do, and he said that that was a way out of the situation if we were no longer together, i am so annoyed that there are couples out there with 5-6 kids with both parents fit and well but not working as they live of child benefit, meanwhile geunine ill people get nothing at all, this country has gone mad! i only wish me and my partner could afford to have a child.
oh well, heres to looking forward to selling my home and getting a council house, after trying my best to keep it all together for the last 10 years, seems it was all for nothing, either that or i work part time and then he gets income related benefit and i get working tax credits, may be a better option, but seems a bad option for tax payers

Owain_Moneysaver

if you reapply for ESA and get put into the Support Group then that, AIUI, does not have a 365 day time limit, even for contributions-based ESA.

24hourwork

he is in the limited capability for work group, and even his advisor has said she is going to be hard pushed to find him a job, and that he cannot claim job seekers allowence either! i wouldn't mind i am not in a greatly paid job
I am just really upset with it all, i have tried so hard to keep it all together and now i know i can't any longer, and its just quite depressing that we are now having to sell or lose a house we have tried so hard to keep

Cpt.Scarlet

Owain_Moneysaver wrote: »

if you reapply for ESA and get put into the Support Group then that, AIUI, does not have a 365 day time limit, even for contributions-based ESA.

He can't re-apply for ESA unless he meets the Conribution Conditions, and if he does, then he can have another year in the WRAG, but he has to seperate the claims by 12 weeks.

Alternatively, ask for a supersession (re-assessment) now, to be placed into the Support Group, he won't receive payments until a decision is made, but if placed into the Support Group payments will be re-started.

bored_at_home

npw hes not getting esa anymore on minimum wage do you not qualify for some tax credits?

24hourwork

they said i will get £38 a month tax credits, but unfortunately that doesn't help the situation, after a good conversatin last night we will work out better if we have the house re-possessed, and get a housing association house, and i will drop my hours to 16 a month, then he can claim his ESA that he is entitled to, and we can claim housing benefit and council tax benefit, so all in all it will cost the government alot more in the long run, so much for them saving money, forcing people to take this route because there is no other choice, and beleive me i so wish there was, this was the last thing i would have ever wanted, i am only 33,and have worked part time since age 15, then from age 19 full time and never claimed a penny, and my partner worked from age 15 right up until he needed his transplant, i just fel very let down, when i have a "friend" who has 6 children, has a 4 bedroom house all paid for and neither her or her husband work, and neither have had a days illness in there lives, but get everything free, i did the wrong thing, i should have started having babies at 16 then at least i would have everything i want now, our country is ridiculous, how it allows that to go on, and does nothing at all to encourage people to work full time and pay there own way.
thanks for everyones advise

M00minMama

This must be so stressful for you, and can't be good for your other half either.

I've found the welfare officers at the hospitals I attend really helpful. If he is still seeing someone at the transplant hospital/centre their welfare staff are ideally placed to help too. Get him to gve them a call even if it is just to authorise you to speak to them. This type of financial burden and stress will play havoc with his health (physical and mental) and that is exactly why they are there to help navigate the quagmire of support available.

As a disabled person I've been told I could have every help under the sun but only if my husband didn't work quite so hard to bring in money! So I understand your worries about the so-called benefits safety net.

Best wishes to you both

GlasweJen

Most people I know who have transplants/implants work, does your husband go to a transplant support group?

Work is not impossible post transplant and is usually encouraged unless there are complications. The support is there if you ask for it. First off you should get an access to work advisor from the job centre to talk to your husband about how they could adapt any theoretical work environments for him, then a disability advisor (different role) can take this information and map out what is feasible given your husbands conditions and your husbands qualifications.

You need to wake up here. If you go intentionally homeless then you will not get a local authority house, transplant or not you and your husband will be on the street or in a grotty hostel for months on end and you know as well as I do that that can't happen. In order to not be "intentionally homeless" you will be dragged through courts, living in a house with bailiffs visiting and eventually you will be physically removed and your locks changed. Only at this stage will the LA be forced to help and you're very likely to still end up in the grotty B&B while they find somewhere.

When you're in B&B accommodation you're kicked out in the morning and not allowed back until a certain time. Your husband will be wandering the street and you working only 16 hours a month means you won't be able to afford a deposit on a private rental.

Also with universal credit looming a healthy adult would not be able to work only 4 hours a week and claim benefit so in the long run you could end up worse off than you are now.

If you're on low income get a HC1 form from the pharmacy/opticians, you may qualify for help with prescriptions while you sort yourselves out.