ESA appeal allowed

rogerblack

Grogg wrote: »

Will they give him any support to get back into the work place. He hates not working but at this point in time could not hold down a regular job and that very fact is making him worse.

In principle, they are supposed to help people in the work-related group back into work.
The quality and applicability of this help may vary considerably.

If he does not require NI credits, and it's unlikely you will lose your job in the near future, or the two of you split up (when ESA would come into payment) then there is very little benefit to him claiming ESA, unless the work program turns out to be positive.
One possible plus.

If he was to find some sort of qualifying work - then he may be entitled to various bonuses, payable to those who have been on ESA for some time.

http://www.direct.gov.uk/en/moneytaxandbenefits/benefitstaxcreditsandothersupport/employedorlookingforwork/dg_10013908

This might let him consider working in something he would like to do, but would not make financial sense - as a stepping stone into 'proper' work.

earthbound_misfit

Grogg wrote: »

So basically he will get no income aside from his IID which he's been told will continue.

I presume (and so does the jobcentre) that you will help support him? Couples with one disabled partner are expected to cope on much less than your income (even after tax), and that's before his IID is taken into account.
The benefits system is supposed to be a safety net for those who have no other option - no partner to support them. I know it's not very paletable in our individualistic society, but that's how it works (in theory - many are still left in extreme poverty but your wage is not that).
I'd recommend looking around these boards for moneysaving tips.

The jobcentre should give him help getting back to work, although what they offer in practice may be of limited use. Is there a particular field he'd like to work in? Are there any qualifications he might be able to do part-time to help find work in future? He also needs to look at how his illness/disability affects him and so what kind of jobs might fit around that. Not trying to hound him back to work, but I am in the same position myself with trying to figure out a way to make a living.
Good luck with it all

Grogg

earthbound_misfit wrote: »

I presume (and so does the jobcentre) that you will help support him? Couples with one disabled partner are expected to cope on much less than your income (even after tax), and that's before his IID is taken into account.
The benefits system is supposed to be a safety net for those who have no other option - no partner to support them. I know it's not very paletable in our individualistic society, but that's how it works (in theory - many are still left in extreme poverty but your wage is not that).
I'd recommend looking around these boards for moneysaving tips.

The jobcentre should give him help getting back to work, although what they offer in practice may be of limited use. Is there a particular field he'd like to work in? Are there any qualifications he might be able to do part-time to help find work in future? He also needs to look at how his illness/disability affects him and so what kind of jobs might fit around that. Not trying to hound him back to work, but I am in the same position myself with trying to figure out a way to make a living.
Good luck with it all

Thank you for taking the time to explain all this. As we have never before been in the position of either of us not working this is all very new to us.

We were lucky in that previously we had two decent wages coming in so we had rainy day money.

As to what work he could now do we just don't know. Self employed is out - he did that for over 10 years previously and the stress of it would finish him off and he doesn't have enough good days to make him employable. When it was apparent that he was unwell it was hoped a break and then a return to work part-time would be the way forward but this was not possible.

mazza111

The job centre will tell him what help is available to get him back into work. This may even be voluntary work to start with. Or some courses to get him up to speed on computers etc. It could involve getting some physio to help him. I'm in the WRAG and hope to get back to work one day (won't be in the near future) and the lady at the JC has been really helpful. Even arranged for me to meet up with a healthcare team who could offer physio, dieticians, counselling, Bowen Therapy. A whole range depending on your needs.

So even though he may not receive any monetary value on claiming ESA it's still worth claiming for the advice and help they can give you.

epitome

Having won his appeal he will now be back paid the WRAG component for the 12 months he should have got it...about £28 per week

What was his history before this claim?

Was he working?

When did he stop working?
How long had he been working for?

What date did he initially make his claim to ESA?

Grogg

What was his history before this claim? - worked from late 70's till Nov '10. mixture of employed and self employed . Employed for last 11 years.

Was he working/when did he stop working? employed till dec 2011 when finished on ill health (but without pension)

How long had he been working for? - see above basically since the age of 16, now he's 50

What date did he initially make his claim to ESA?- May 2011 on advice of his employer/union

epitome

Pssst ....listen carefully, I will say zis only once

When he made his claim to ESA he was assessed on tax years 08/09 & 09/10

If he made a new claim to ESA between now & December 2012 he would be assessed on tax years 09/10 & 10/11

And he would more than likely qualify for another year of ESA C in the WRAG group.

What he needs to do is phone up and ask if his ESA C has now exhausted (365 days allowance)

What he then needs to do is make a new claim to ESA C at a time when it will not be linked to his old claim.
>>>If the claims link then the same tax years will be used again and he will not qualify.<<< After making a new claim *if it is turned down* ask them which tax years were used to calculate entitlement. check they used the different years.

A new claim will link to a recent claim if it is made within 12 weeks... and it probably means "benefit weeks" not calandar weeks

Now that he has passed his appeal and is in the WRAG, he no longer has to supply med sick notes, all he has to do is leave the claim open and after 13 weeks request an ESA1 and fill it in for ESA Conts not ESA IR (see below)

I have quoted the guidance below

Claim based on a later tax year
23
A further claim for ESA(Cont) where the claimant has already been entitled for 365 days on the basis of the contribution conditions can succeed if
1. the claimant satisfies the first and second contribution conditions (but see DMG 41032 and Memo DMG 11/12 for guidance on relaxation of the first contribution condition) and
2. in relation to the second contribution condition, at least one tax year is later than the second of the two years on which the previous entitlement was based.
Note: See paragraph 37 where an award is made and the claimant’s condition improves.


Example 1
Nicholas has been entitled to ESA(Cont) since February 2011. He is not a member of the support group. His entitlement was based on 52 paid contributions for the tax year 2009/2010 in relation to the first condition, and a combination of paid contributions and NI credits for unemployment for the tax years 2008/2009 and 2009/2010 in relation to the second condition. Nicholas’s last day of entitlement to ESA(Cont) is 30.4.12. He is not entitled to ESA(IR), as his partner is in full–time remunerative work. He remains entitled to NI credits on the basis that, if he had remained entitled to ESA(Cont), he would have LCW. Nicholas makes a further claim for ESA(Cont) on 3.8.12. There has been a break of more than 12 weeks in the PLCWs for benefit purposes so the contribution conditions can be considered afresh in the later benefit year. He satisfies the first condition with paid contributions for the tax year 2009/2010. In relation to the second contribution condition, the tax years are 2009/2010 and 2010/2011. As one of these years is later than the years on which his previous period of entitlement was based, Nicholas is entitled to a further 365 days of ESA(Cont) as long as he continues to satisfy the conditions of entitlement.

*It appears from the bold text there is no need to "sign off" from ESA for NIC only and you only have to request an ESA 1 form, fill it in for conts only after waiting more than 12 weeks from the ESA C exhaustion date

What he needs to know is the date his current ESA Conts became exhausted...Then he needs to keep his claim open for NIC only, and claim again after 12 weeks (probably best to leave it 13 weeks). What you might want to do is phone up the ESA people ask them for a call back to discuss what date he will be ok to make a new claim ESA C i.e. is it 12 calandar weeks or 12 benefit weeks? And If I were you I would wait at least 13 weeks just to be sure. Do not get fobbed off on the phone, if they say he can't claim again, obviously they are wrong, you can refer them to the guidance I quoted which is taken from

"Memo DMG 13/12 ESA: CHANGES TO CONTRIBUTORY ALLOWANCES"

CONTACTS If you have any queries about this memo, please write to
Decision Making and Appeals (DMA) Leeds,
GS36,
Quarry House,
Leeds.

DMA Leeds: March 2012

Grogg

epitome wrote: »

Pssst ....listen, I will say zis only once

okay, thanks:rotfl:

just one quick point if he stops it and starts a new claim given he had to appeal the current claim would he have to go through the same again i.e. to appeal etc.

Oh just realised our income would have been different for 08/9 and 09/10 as I worked part time until April 2011 when I returned full time to take the pressure off OH returning to work.

HB58

Another thing to consider is whether your husband's condition is likely to worsten at any stage to the extent that he might qualify for the support group. The only way that this could happen, without working in the meantime, is if he has not ended his claim for ESA. Yopu must judge for yourselves whether he is likely to improve, and move towards work, or worsten.

epitome

Grogg wrote: »

okay, thanks:rotfl:

just one quick point if he stops it and starts a new claim given he had to appeal the current claim would he have to go through the same again i.e. to appeal etc.

Oh just realised our income would have been different for 08/9 and 09/10 as I worked part time until April 2011 when I returned full time to take the pressure off OH returning to work.

Hi,

I edited some more into the post above.

Now that he has passed the appeal he no longer has to supply sick notes. He just leaves his claim open for NIC only.

Some points to note, even though he has won his appeal, he will still be reassesed (sp?) usually every 6 months, during any of those reassessments ATOS may fail him again and he will have to appeal again, however this time on appeal it may be turned over on reconsideration because you will point out that his condition has not changed and he won his appeal the last time this happened.
If he makes a new claim after 13 weeks to ESA C he will eventually be reassessed (but he would be reassessed anyway just on ESA NIC) if he fails a reassessment medical, yes, he will have to appeal again. But it worth approx £5,200 to him so well worth doing.

Your income is not relevant, it is only based on his income and there is no harm in him trying again after 13 weeks or so.