ESA 365 Day Rule (THE END)

Flm

bloolagoon wrote: »

My husband would support me till I die (and likely will as have cancer). Your wife earns enough to support you, that's life. Make the most of what really matters which is family, love and support. You want to deny your children a father to fiddle the benefit system (paid for by taxes from the likes of me whom may never see our children grow) then it's your choice. Kids will see things as they get older.

You have a supportive family, why kick them ?

Marriage doesn't end with illness

The thing is without the ESA my wife would not be financially able to support me and the two children. She does not earn enough to pay our outgoings. There are no luxuries like sky etc to cancel.

The marriage wouldnt end due to illness, it would end due to not being able to pay the bills and feed the kids due to the Gov dumping me on the heap.

I will be entitled to £0 from them after years of being a tax payer and contributing to the system.

Its like saying, i have worked for 365 days and im stopping the Gov's tax and NI contribution from my wage. I would be put in prison.

bloolagoon

Flm wrote: »

The thing is without the ESA my wife would not be financially able to support me and the two children. She does not earn enough to pay our outgoings. There are no luxuries like sky etc to cancel.

The marriage wouldnt end due to illness, it would end due to not being able to pay the bills and feed the kids due to the Gov dumping me on the heap.

I will be entitled to £0 from them after years of being a tax payer and contributing to the system.

Its like saying, i have worked for 365 days and im stopping the Gov's tax and NI contribution from my wage. I would be put in prison.

She does get enough! Plus child tax credits. You are lucky you have someone who loves you through mental illness yet want to divorce her. She clearly loves you, don't kick her, work with her.

Flm

bloolagoon wrote: »

So you stay married if benefits, divorce and leave children in a single household if not?

I work with MH - you have NO idea how lucky you are, have you even discussed divorcing her because of a few pounds a week?

Tell me what other option i have when the wife has had enough of supporting me? She has told me she is not going to support me herself, so it looks like the marriage is over.

rogerblack

Flm wrote: »

Sorry for the confusion, i am the husband. My wife is the one working.


When i was placed from support group to working group, i didnt agree, but as i was not too well i did not appeal within the time frame.

I will try the late appeal, but it will be nearly 10 months later from the original letter.

The absolute time limit is 13 months.
Anyone still being paid ESA(c) in the work-related group will be within this time limit.

Payment will not continue after the 365 days, unless and until the appeal is won.

bloolagoon

Flm wrote: »

Tell me what other option i have when the wife has had enough of supporting me? She has told me she is not going to support me herself, so it looks like the marriage is over.

So your wife wants a divorce rather than support you?

Flm

bloolagoon wrote: »

She does get enough! Plus child tax credits. You are lucky you have someone who loves you through mental illness yet want to divorce her. She clearly loves you, don't kick her, work with her.

Tax credits is only £200 a month for two children. We have phoned them saying this must be wrong as it is very low, but they say its correct.

Flm

bloolagoon wrote: »

So your wife wants a divorce rather than support you?

I think she has had enough of supporting someone who has been unwell for a few years now and paying most of the bills.

Theres only so much someone can take no matter how much love a person has for someone.

She has suffered with depression etc in the past and i dont want her to go through that again.

bloolagoon

Flm wrote: »

Tax credits is only £200 a month for two children. We have phoned them saying this must be wrong as it is very low, but they say its correct.

Get a review -I could live on benefits no problem, maybe you need a review. Life is far to precious to divorce over this, and for her to get CTC as single you need to be divorcing.

Flm

I still don't understand why we do not get wtc. We used to get it the previous year.

Have the Gov also cut tax credits this last year?

Horseunderwater

If your wife is going to be the sole income provider from now on and is doing 30 hours per week, then she should be entitled to Working tax credit. She is part of a couple and should also get the 30 hour element. It is income based and is intitially based on last years income, but since there will be a change to this, you should be able to give HMRC TC a revised estimated income for this current tax year. They should also revise the CTC too. Despite what they have told you on the phone. The award you have at the moment is as I said based on last year income, so add up her estimated earnings for year (£7.5k) along with your contributions based ESA which is I assume £100.15/ week since 8th April to when it will stop in a few weeks and tell them revised income total. It can all be done on same claim/award. Even working out last years income based on what facts you have made known - she ought to be getting working tax credit. Something is not right here. You are missing out on some benefit with HMRC.