Seeking advice on a slightly complicated claim-to-be..

Decanus

Hi all,

if anyone can help, or point me in the right direction, I would be grateful.
As of Tuesday next week I would have effectively left my job. I had been there 5 years, but in January of this year I had a bad back injury, which led to ongoing sciatica, and me being on sick leave (signed off by GP). By May my employer was putting pressure on me in various ways to either come back (which I was/ still am incapable of) or leave. I decided to resign, obviously stating in my resignation letter that the reason was my health, and that I was unable in the foreseeable future to return (both my GP and physio had recommended against returning, due to the nature of the job and the daily 4 hr commute)

So my first question is, what benefits can I claim? I am still not capable of working, and when I am the types of jobs will be limited. To add to the complication, my wife works full time and we have 2 young children (2 and 1). As I no longer earn a salary, we have taken them out of nursery to save the money and I will have to look after them 24/7. So, for health reasons and childcare reasons, I am effectively unable to work.
Am I entitled to income support?

and finally (I promised it was complicated), my mother in law, who is widowed, has just been diagnosed with a terminal cancer of the brain. This has led to my wife having to spend some days/ nights with her (she has lost a lot of mobilityetc), meaning even more so I am the childrens carer.

I have no idea what to try and claim for, so was hoping I could get some general guidance, or more specific help if possible.

Thanks for reading!

mynameistallulah

You would need to claim ESA. You may be entitled to help with housing costs, depending on your total household income.

McKneff

Take MIL out of the equasion, it is irrelevant.
She is taking care of her mother. As we would all do given the circumstances.

Its a general consensus on here that it would be better to wait till you are sacked from your job due to capability rather than resign.
If you are still on the books at work, you are accruing holidays till they dismiss you.

mynameistallulah

McKneff wrote: »

Its a general consensus on here that it would be better to wait till you are sacked from your job due to capability rather than resign.

Is it?

The problem with doing that is when you are asked in future if you have been dismissed, you have to say yes, and employers will make a judgment on that. If you resign there is no such implication - so such a decision really depends on what the OP wishes to do in the future.

Decanus

Thanks for all the replies. I did indeed resign rather than wait to be dismissed , which was clearly hinted at on capability grounds, as I do not wish future employers to judge me on that. I did ensure that in my resignation letter it was made perfectly clear that the only reason I was resigning was on health grounds.
I'm hoping that goes towards the capability side of things with any benefit claim (which I'd like to stress would only be for the immediate future, I plan to work when fit to do so)

Bogof_Babe

How much does your wife earn? I think any claim for benefits for your change of situation would hinge on how much the household income is now.

samroo

How do you manage with the kids. There's a lot of lifting with them at that age. Maybe you could look for a different type of job if the previous job was very heavy on your back

Decanus

kids are indeed a handful. I manage to cope, things just take a bit longer!
Although ESA seems to be the best option, am wondering if I should just sign on for JSA as normal? I have enough NI contributions, and can just explain the job limitations because of kids, back etc. ESA seems to involve a lot of appointments, sessions, checks etc

pmlindyloo

Decanus wrote: »

kids are indeed a handful. I manage to cope, things just take a bit longer!
Although ESA seems to be the best option, am wondering if I should just sign on for JSA as normal? I have enough NI contributions, and can just explain the job limitations because of kids, back etc. ESA seems to involve a lot of appointments, sessions, checks etc

Mmmmmmm

If you apply for JSA then you need to be available for work - not sure you can be if you are looking after the children full time.

Also, I am sure someone will be along to tell you that claiming JSA also invovles attending appointments/interviews.

Quite a difficult situation.

Is the doctor providing fit notes for you or was his advice to give up your job based on your long commute? Sorry to be nosey but just trying to assess if you are able to work or not.

If you feel you are able to work then claim JSA (contribution based) but have some child care in place for when you have to attend appointments/interviews. eg Have you family close by who can help?

Otherwise you will have to claim ESA.

Just my opinion - perhaps others might have alternative ideas.

Decanus

thanks for the reply. I am still under GP certificate until the end of the month, which covered me until the end of my work notice period. I assume my GP would still issue certs if needed, certainly in the short term. My GP basically advised me that my back issues would not improve if I continued on in the job I was doing, with travel 13-14 hour days, a lot of time spent on feet. He advised, after I improve, to try and work locally, minimise travel time, and obviously be careful with type of work I do.
I do plan on working, but only after I improve enough. If my back goes again, it could be months laid up (again!)

pmlindyloo

Decanus wrote: »

thanks for the reply. I am still under GP certificate until the end of the month, which covered me until the end of my work notice period. I assume my GP would still issue certs if needed, certainly in the short term. My GP basically advised me that my back issues would not improve if I continued on in the job I was doing, with travel 13-14 hour days, a lot of time spent on feet. He advised, after I improve, to try and work locally, minimise travel time, and obviously be careful with type of work I do.
I do plan on working, but only after I improve enough. If my back goes again, it could be months laid up (again!)

Your decision of course.

If you do apply for JSA then you are likely to be referred to the Disability Advisor who should be able to help.

See here:

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000324