Employment Support Allowance (ESA) Tribunal

juanmanuelmarquez

Hi, thanks for the reply.

Ive just checked the eligibility checker and it states:

Eligibility
To qualify for Income Support you must:

• be between 16 and State Pension age
• be a lone parent or carer or, in some cases, unable to work because you’re sick or disabled
• be on a low income
• work less than 16 hours a week (and your partner works no more than 24 hours a week)
• live in England, Scotland and Wales - there are different rules for Northern Ireland

You don’t need a permanent address, eg you can still claim if you sleep rough or live in a hostel or care home.
You might still qualify if you do unpaid volunteer work or go on parental or paternity leave. Also, you qualify if you’re age 19 or younger, in full-time secondary education (including A levels) and one of the following:

• a parent
• not living with a parent or someone acting as a parent
• a refugee learning English

You can also qualify up until the age of 21 if you’re one of the above, are orphaned or estranged from your parents and enrolled in education.


He should be eligible ive highlighted the part which may apply to us. Would we be eligible?

miduck

No, he would not be eligible - that only applies to old (pre ESA) claims.

juanmanuelmarquez

miduck wrote: »

No, he would not be eligible - that only applies to old (pre ESA) claims.

what do you mean pre ESA claim? he has tried claiming ESA since jan 2012, its now jan 2013?

miduck

juanmanuelmarquez wrote: »

what do you mean pre ESA claim? he has tried claiming ESA since jan 2012, its now jan 2013?

For those people that claimed before ESA was introduced (and have not been transferred onto ESA).

juanmanuelmarquez

miduck wrote: »

For those people that claimed before ESA was introduced (and have not been transferred onto ESA).

thanks, im going to have a discussion with my dad and find out what he wants to do, and also get some advice of CAB and benefit advisor and see where we go from here really...

thanks to everyone for their replies!

McKneff

I understand that you say your father is not fit to work.

But is he fit enough to look for work, thats what Job Seekers Allowance is for.

He oculd look for work, go to interviews if he is lucky enough to get one, probably the prospective employers would take one look at him and tell him 'no thanks' At least your dad would be doing what the Job seekers are telling him to do for him to get the JSA

miduck

juanmanuelmarquez wrote: »

thanks, im going to have a discussion with my dad and find out what he wants to do, and also get some advice of CAB and benefit advisor and see where we go from here really...

thanks to everyone for their replies!

CAB will not tell you anything different to what you have been advised here.

benefitbaby

Your father has 3 options:
1. Do nothing - not a realistic option unless you can afford to support him.

2. Claim JSA - be available for and actively seek work. Although he is unwell the DWP (and a tribunal) have determined he is fit to work.

3. Claim ESA - and submit a medical certificate, he will be paid the assessment rate until he has another work-capability assessment.

juanmanuelmarquez

benefitbaby wrote: »

Your father has 3 options:
1. Do nothing - not a realistic option unless you can afford to support him.

2. Claim JSA - be available for and actively seek work. Although he is unwell the DWP (and a tribunal) have determined he is fit to work.

3. Claim ESA - and submit a medical certificate, he will be paid the assessment rate until he has another work-capability assessment.

Hi,
by claiming ESA, would that be a fresh claim, or still appealing to upper tribunal. would their be any back pay as they do take a month or so to process?

benefitbaby

juanmanuelmarquez wrote: »

Hi,
by claiming ESA, would that be a fresh claim, or still appealing to upper tribunal. would their be any back pay as they do take a month or so to process?

It would be a new claim and the claim starts from the date the call is made to make the claim so yes, backdated.

An appeal to the UT can be made at the same time as a new ESA claim - which is good because ESA is not paid whilst appealing to the UT.