desperate for sound advice

tinkestral_2

Hi All, I apologize in advance if this is a bit long winded but I need your thoughts.
In 2008 I lost 13 year old son in a accident in our home, my family has just been torn a apart but we got on with it and tried our best. We were desperate to move on from the property we lived in so we took a slightly more expensive property , at the time we could afford it. (The local council refused to help )
I work full time in a burger van and it was doing really well until the recession hit and basically all my units and that my business was generated from closed.
I started claiming child tax and some help with rent and still carried on at the van as I was told by the job centre that if I simply stopped running van I was intentionally making my self unemployed. So I carried on .
In may 2013 I discovered a lump in my throat and after some tests It was discovered it was a tumour. Not cancer but the cells were defiantly on the change. So in June I had the op on which removed right side off thyroid and six cm tumour. The op took place on a Thursday and reluctantly returned to work on the Monday after. Then my big problems ..
I suddenly started to feel unwell. My hair was falling out and I could barely stay awake. I notified the hospital and they said not too worry. But by October I was even worse. By this time hospital decided to do some blood work but told me not too worry. At the same time I noticed the remaining part of my thyroid was swelling to the size of a mans adams apple and I began to have swallowing issues. Then the hospital called and asked me to immediately go back it seemed my body was not coping and my thyroid remaining was not working a all. I started meds. My gp has been great but I am having so much time of as I am constantly having bloods done. My eyes started playing up and I was having palpitations and to be honest I just thought I was stressed. My blood pressure was sky high and I had to go see my gp every day for two weeks to be monitored and start on meds. I don't feel that much better and have now not worked since Januray 2014. Its only been 4 weeks but I intend to return to work as soon as. so I did call job centre who simply told me as I intend to return to work in a few weeks there is nothing I need to do but live on child tax credit but housing benefit have different ideas.
I am really at a loss on what I should do having always worked and I am not sure what I should do, I suppose I just want advice because I feel as though I just cant take the pressure any more

tinkestral_2

I do now receive working tax, I have also downsized to a cheaper property. Its just job centre have told me one thing and housing benefit another.

tinkestral_2

I have also had to put in a new claim as well regarding housing benefit and I have tried to be honest and explain my situation but I am guessing they have other ideas

sammyjammy

If you are self employed then you will not be sanctioned for giving it up by the Jobcentre, you just tell them the business wasn't viable and you had to close it down. It maybe more suitable for you to make a claim to Employment and Support Allowance if you are still ill.

Hope things get better for you soon, sounds like you've been through the mill.

tinkestral_2

Hi Sammy Jammy, I have spoke to the job centre on a few occasions and the information each time differed. How ever The last time I spoke to them in length was last Monday ad this is basically what they told me.
Concerning just closing the business and making my self unemployed isn't some thing they encourage or advise . If I can muster on and live on child tax working tax with support they would much more support this than being unemployed as in the current market finding jobs is pretty difficult. Ok I do understand this I theory, However my other question was as I have been unwell and have had almost four weeks off what do they advise..
Their reply was as I am currently receiving again housing council tax support and in receipt of working child tax credit they would just advise me to tell council I have had a period of sickness however as I intend to return to work in a couple of weeks there is no need for me to change any thing. !!
Housing benefit said that is wrong advice so who the hell is right !!
They reckon I should get sick note but although gp good at his job he does not like giving sick notes for benefits his words not mine

pmlindyloo

What should have happened is that when you were ill and could not work you should have got a fit note from your doctor and applied for ESA. This benefit is for people who cannot work.

If you are available for employment (ie. give up your self employment - you won't be sanctioned if it is not financially viable) then you should claim JSA.

The problem has arisen because you have been 'soldiering on' and doing neither one thing or the other.

Since you have now said you are going back to work I understand Job Centre Plus saying 'carry on as you are' because it will take some weeks to sort out all your benefits and then you would be back at work.

You need to decide what to do. If you are too ill to work you need to apply for ESA and ask your doctor for a fit note. If you are not fit for work he must give you one.

If your business is not viable then claim JSA.

Having said all that you haven't said what your personal circumstances. This may make a difference to your benefit claims. Have you a partner? Are they working?

tinkestral_2

I am MUM WITH THREE TEENAGE CHILDREN AT HOME, AGES RANGE FROM 12-17.
I AM TWO MINDS BECAUSE I LOVE TO WORK AND I DO FEEL BETTER OFF WHEN THINGS ARE GOOD ITS JUST I WAS JOBLESS FOR ALMOST 7 YEARS AND HAVE NOW BEEN WORKING FOR ALOMOST SIX AND I DONT WANT TO GO BACK DOWN THAT ROAD.
sORRY ABOUT CAPS JUST REALIZED, I THINK MY BIGGEST WORRY IS I HAVENT WORKED FOR 4 WEEKS AND LIVED ON TAX CREDITS AND I AM WORRIED THIS WILL EFFECT MY NEW HOUSING BENEFIT CLAIM AS THEY WILL BE ASKING SILLY QUESTIONS, gOT DOCS THIS WEEK SO I WILL SEE IF IT ARISES THAT THEY ASK I WILL HAVE SOME THING TO COVER THIS.
tHANK YOU FOR TAKING THE TIME TO ANSWER MY QUESTIONS IT IS MUCH APPRECIATED.

Icequeen99

blondebubbles wrote: »

If you have been not working for more than 4 weeks and aren't receiving any sickness benefits then you will need to end your claim to working tax credit.

http://www.hmrc.gov.uk/taxcredits/keep-up-to-date/changes-affect/work-changes/no-work-illness.htm

That's not correct if the OP is self employed, the link you gave applies to employees.

IQ

Icequeen99

blondebubbles wrote: »

No. It covers self employed also.

You can carry on claiming Working Tax Credit for the first 28 weeks that you're off work. This is as long as you were working the minimum number of hours for your circumstances, immediately before going off work. One of the following will also need to apply:
you get a specific sickness or disability benefit - or would do but you don’t qualify because you're self-employed
you receive National Insurance credits awarded because of incapacity for work, or limited capability for work (how your illness or disability affects the amount and type of work you can do)
The specific sickness or disability benefits are:
Statutory Sick Pay
Income Support paid because of incapacity for work
Employment and Support Allowance

This link also confirms - http://www.hmrc.gov.uk/manuals/tctmanual/TCTM02421.htm

The OP would need to establish if they would have qualified for any of the benefits mentioned if they were employed.

You said above though that she would have to stop claiming WTC if she had not claimed any of the benefits listed.

So the OP doesn't need to have claimed one of the benefits listed. She just needs to show that if she had been employed she would have received one of those benefits - and in this situation with the hours qualification for tax credits - she would have qualified for SSP had she been employed.

IQ