claiming employment support allowance

puppy10

Hi, looking for advice, my husband is disabled and receives middle rate care DLA and higher rate mobility DLA. he is currently working fulltime with an agency so no entitlement to sick pay etc. he will be going into hospital for double knee replacement in a few weeks time and has been told by Dr that will be unfit for work for between 3 and 6 months, so will he be able to claim employment support allowance, and if yes, when should he apply. we have 2 children, one of whom is disabled (he gets middle rate care DLAand lower rate mobility), I can only work parttime as I am main carer for both son and husband but i cannot claim carers allowance as i earn over weekly limit. if he cannot get EASA is there anything else we can claim to help over the period that he is unable to work? any advice welcome.

rogerblack

Assuming he has adequate contributions.
He can claim ESA. As it's contributions based, it is not affected by your earnings,
However, around the 13th week he will have a medical assessment.
It is possible he will not pass this, if his only disability is his knees.

It may be that he is assessed as able to 'mobilise' as he can reasonably use a wheelchair.
If he can't, and if he is still disabled at this point, he can appeal, and payment will continue until a tribunal likely some time in 2013.

puppy10

thanksrogerblack for information. he has paid National insurance so should be entitled to it.
to clarify, if his hospital consultant tells him he needs 4-6 months to recover from operations,(he will need frequent physiotherapy) could the ESA still be stopped at the medical assessment? if it is stopped would he have to then try for jobseekers allowance (he did get that about 2 yrs ago for a couple of weeks as he has been made redundant twice in the last 2 yrs, although the second time he did not bother to claim it as he found this agency job within a couple of weeks)

rogerblack

His consultants view of recovery time is not directly relevant, unless he is willing to say that it would endanger his recovery if he was to use a wheelchair or other aides.
Or that he cannot 'remain at a workstation for an hour, perhaps alternating sitting and standing as required.' For example.
ESA is not given because in anyone's opinion you can't work.
It's given because you tick the right boxes.
In practice, he can appeal, and the appeal will not be heard before 6mo after the operation, so he gets the same amount as JSA.

Steer11

Thanks a lot guys for your opinions. You guys have also answered some of my questions too. It's so nice to get advice from experts