Jsa and Esa help required.

LisaB85

I'm asking on behalf of a friend.

He is claiming ESA as a joint claim with his wife who is disabled and claiming higher rate DLA (both components)

He is due his appeal hearing against his score of 0 points but ATOS, in my and others opinions he is not capable of work but he thinks he will loose the appeal.

So it means he will have to go on JSA but as his wife is not capable of work as she is in and out of hospital and has a illness which is getting worse she is not capable of work so....

If he claims JSA would his wife then be able to claim ESA or IS on her own?

Is it best if she makes a claim to ESA as a joint claim herself?

He does a lot of caring for her so is carers allowance payable with JSA?

Muttleythefrog

I can't answer the benefit option related questions. But what I would say is he must focus on the descriptors for the Work Capability Assessment when he goes to appeal... this is what determines entitlement. Issues such as capable of work or not capable of work are not really at stake... entitlement is determined by the descriptors and nothing but the descriptors.

LisaB85

Thank you Mutley

He got to the appeal centre to be told they have lost his paper work that he filled it before the medical so will make another appointment but apparently said at the moment he has won the appeal so not sure what is really happening.

Anyone else been through this?

Cpt.Scarlet

If the wife is on higher rate care for DLA, he could claim Carers Allowance and Income support as a Carer.

They should get the CAB or welfare rights to check how much they would get, but I doubt it would be significantly different from the ESA and none of the hassle.

mikey_bach

Is anyone claiming Carers Allowance for her, if not he can claim this,
This is grounds for claiming Income Support, he would make a joint claim and add her on as his partner.
If not, can she claim ESA and add him as the partner?

Muttleythefrog

LisaB85 wrote: »

Thank you Mutley

He got to the appeal centre to be told they have lost his paper work that he filled it before the medical so will make another appointment but apparently said at the moment he has won the appeal so not sure what is really happening.

Anyone else been through this?

Sounds all very odd.. I'm not sure you can win an appeal without it actually occurring! Sounds like the tribunals service postponed the tribunal due to missing evidence.