We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

esa advice needed

Hi,

I am new to this site so am not familiar with all the jargon.

My husband worked until May 2011 but suffered with severe depression and due to all the time he had a way from work was let go. We applied for ESA and we received £67.50 pw. He was asked to attend a medical and was deemed fit for work we appealed and his ESA was re-instated this continued, we then received a letter inviting us to a tribunal on 27/04/12 this was heard by an independant doctor and a judge. He was given 15 points and the appeal was allowed, he was put into the work related activity component. We received a letter from DWP stating that he would be given a back payment of £1055.29 this was because he was put into the work related activity group. We naively assumed this would be his payment until such time he was better and could return to work.

When we checked our bank account and then realised he hadn't received a payment we rang DWP and they confirmed that it can only be paid for a max of 365 days (we stupidly hadn't read the letter properly) and that it had now stopped. We contacted CAB who basiclly said that was it there was nothing more we can do.

This decision has put more strain on us both and all the worry has made his mental health state worse. I am fortunate that I work 31 hours (i increased my hours when he lost his job) and we have 1 child. How can they state at the tribunal that he was poorly in the April 12 but now expect him to work from May 12, he is not fit to work. Does anybody have any advice on where we can go from here.
«13

Comments

  • Hi chick

    I know exactly how you feel, as the same thing has happened to us. It's not that he is fit to work as such but you are classed are earning enough to support him.
    As far as i know unless you qualify for the support group or income based ESA (which you/we can't get as we work) you are just expected to cope without any financial help for the ill person.

    Is he entitled to DLA?
    Are you entitled to tax credits/child credits? - we have no children so i'm not sure what the limits are - but worth checking maybe.

    Good luck
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wouldnt think he would get DLA for depression.

    It is for care and mobility

    Is he getting help from his GP for his depression.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 30 June 2012 pm30 2:28PM
    • What date did he make his claim ?
    • He presumably has not closed his ESA claim? He should phone up and confirm that his claim is still open for NIC National Insurance Only credits.
    • What date did the ESA C exhaust? i.e. what date was he paid up until?


    I assume he claimed about or shortly after May 2011
    So he was assessed on tax years 08/09 & 09/10
    As he worked up until May 2011 his tax year 10/11 is presumably complete.

    If he waits 12weeks after they stopped paying him(still getting NIC for those 12 weeks) and he requests to make a new claim to ESA C it will be assessed on tax years 9/10 & 10/11
    This is using a new tax year and he may very well qualify for ESA C again for another 365 days.

    He should ask for a Call back from the Benefit Centre to discuss what date he should claim again from in order to be assessed on tax years (RITY's) 09/10 & 10/11 and he should ask what the process would be for reappplying, i.e. does he have to phone the new claims line or is it a case of the benefit centre just sending him out a form to complete, or can they not just reassess him using new RITYs without forms being issued?
    If the person he speaks to mentions a date about 12 weeks after they stopped paying him then you can assume that person knows what they are talking about. If the person says "you claim again now - if you want- but you won't qualify" and you know it has not been 12 weeks yet, you can assume that person does not know what they are talking about and ask to speak to someone who knows the rules on RITYs and claims linking within 12 weeks.

    Basically the thing to say/ask is "I want to apply again for ESA Conts without the claim linking to my previous award, what date do I need to claim from?"

    Smileytiger should also take note for their husbands claim
  • McKneff wrote: »
    I wouldnt think he would get DLA for depression.

    It is for care and mobility

    Is he getting help from his GP for his depression.

    He hasn't visited recently he used to go to get his sick note to then forward onto DWP. i presume he will now go to get his medication, when his prescription runs out.
  • hey guys

    im wondering if anyone can help me. i am having the same kind of problem. i have been on the sick for 7weeks now due to depression, i got paid from my work 2weeks ago and for the month i got £85. when i called my employer to ask what had gone wrong with my pay she told me i have used all my sick days already. i then asked her for a ssp1 form and she told me that she didn't keep them in the store and that i have to get it online. due to me not having internet access it took me a couple of days to get the form. when i finally got it i called my work to let my manager know that i would be calling up with the form, for her to tell me that i was paid correctly and i don't need to send away the spp1. now i am completely confused. this could not be correct, £85 for a month?

    i am now in debt because of this, as i had to get a loan to pay my rent for last month and now im on the verge of losing my home. can anyone give me advice on this please, thanks
  • Robbie64
    Robbie64 Posts: 2,091 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    eh010 wrote: »
    hey guys

    im wondering if anyone can help me. i am having the same kind of problem. i have been on the sick for 7weeks now due to depression, i got paid from my work 2weeks ago and for the month i got £85. when i called my employer to ask what had gone wrong with my pay she told me i have used all my sick days already. i then asked her for a ssp1 form and she told me that she didn't keep them in the store and that i have to get it online. due to me not having internet access it took me a couple of days to get the form. when i finally got it i called my work to let my manager know that i would be calling up with the form, for her to tell me that i was paid correctly and i don't need to send away the spp1. now i am completely confused. this could not be correct, £85 for a month?

    i am now in debt because of this, as i had to get a loan to pay my rent for last month and now im on the verge of losing my home. can anyone give me advice on this please, thanks
    Is your employer not paying you SSP?
  • Make a claim for local housing allowance for the rent - your local council is the place to go. Can't help with the rest of the problem, sorry.
  • no she said that i dont need to send the form away. i don't see how they can have paid me £85 for the month and think thats correct.
  • Robbie64
    Robbie64 Posts: 2,091 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    eh010 wrote: »
    no she said that i dont need to send the form away. i don't see how they can have paid me £85 for the month and think thats correct.
    The SSP1 form is sent to the DWP and your employer needs to confirm that you are no longer entitled to SSP. The weekly rate of SSP is £85.85 a week so perhaps they have just paid you one week's worth of SSP? You will need to contact your employer again and ask them to clarify the situation.

    http://www.direct.gov.uk/en/moneytaxandbenefits/benefitstaxcreditsandothersupport/illorinjured/dg_10018786
  • epitome
    epitome Posts: 3,199 Forumite
    eh010 wrote: »
    hey guys

    im wondering if anyone can help me. i am having the same kind of problem. i have been on the sick for 7weeks now due to depression, i got paid from my work 2weeks ago and for the month i got £85. when i called my employer to ask what had gone wrong with my pay she told me i have used all my sick days already. i then asked her for a ssp1 form and she told me that she didn't keep them in the store and that i have to get it online. due to me not having internet access it took me a couple of days to get the form. when i finally got it i called my work to let my manager know that i would be calling up with the form, for her to tell me that i was paid correctly and i don't need to send away the spp1. now i am completely confused. this could not be correct, £85 for a month?

    i am now in debt because of this, as i had to get a loan to pay my rent for last month and now im on the verge of losing my home. can anyone give me advice on this please, thanks
    Assuming you are single

    Either you are getting Statutory Sick pay/sick pay from your employer in which case you will have to claim Income Support for illness

    Or you are not getting any sick pay in which case you need an SSP1 to claim ESA

    Either claim needs to be done on 0800 055 6688 option 1, option 1 again.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.4K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 240.9K Work, Benefits & Business
  • 617.3K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.