Returning to work and ESA

pineapplesherbet

Hi there, can someone please advise on contribution based ESA and returning to work? My friend has been off sick with clinical depression for over 10 years. After years of treatment he has tried to go back to work. His psychologist didn't think it would work but encouraged him to give it a go which he did. He tried extremely hard but after a month has become ill again and found the job too much on many fronts.

He informed ESA and DLA (he was on lower rate DLA) that he was going to try to go back and that he would be starting full time then cutting down to 14 hours. Sadly, everyone agrees he is not ready for any work just yet.

Our question is, will he have to reclaim all his benefits again or in this situation of long term illness will they hold it open for a while? He explained at the time of ringing that there was a good chance he may not be able to cope with the job. He is absolutely dreading going through all the paperwork and required evidence for the DWP again.

Any ideas or suggestions very welcome, thanks in advance

pmlindyloo

Good news.

There is a twelve weeks linking rule which means he can go back onto the same rate and conditions that he was on before.

http://www.rnib.org.uk/sites/default/files/ESA%20factsheet.doc

You need to scroll down almost to the end for the linking rule.

pineapplesherbet

You're a darling, many thanks x

rogerblack

DLA is not in principle affected by working.
But, if his condition has changed, that change of condition may lead to a reassessment.
In many areas of the country, reassessment is not for DLA, but for PIP.
If he terminates his claim for DLA, a new claim will be for PIP.
This is at the moment taking around 8 months for a fresh claim (during which he would not be paid PIP)

pineapplesherbet

Just to let everyone interested know that we have had a nightmare with the DSS regarding the linking rule. The claim was closed, you have to reapply but then go back into the group you were in (ie in this case the support group) your assessment apparently remains unchanged. For example if you were due for one next July before you started work you will still be due one next July. We are now awaiting the dreaded 3 hour phone call from them you have to have.

pineapplesherbet

And so it continues... My husband is in a real state and I am also. We reapplied for ESA. To recap my husband has been off work for around 11 years with severe clinical depression, he was in the support group on contribution based ESA. Although I don't get carers allowance as he is only on lower rate DLA I care for him full time and work part time. Last Aug he tried to go back to work, gave it all he had but just couldn't cope and so left after 9 weeks. When we phoned the DSS they said that he would go back into the support group but that we would need to re claim which we did. I should say at this point that as he was in the contribution based version of ESA the £50k my Mum had just left me which is due to go towards a shared ownership property later this year was not affecting his benefits (which are our main source of income)
This morning we received a letter saying that he is not entitled to ESA now because they are basing this on tax year 2012/13 when he wasn't working whereas originally when he claimed 11 years ago he had been working full time for many years. This has devastated us because not only does it mean that our total income is £300 a month and it means we will no longer be able to buy our shared ownership probperty but will have to use that money for living costs.
We are very confused as we were told that although we would need to reclaim he would go back onto the same type of benefit and into the support group again. Please can someon advise if they have knowledge of this situation and advice on what to do? Many thanks.

pineapplesherbet

This is a quote from the info pmlindyloo kindly posted for us back in sept, the form is on ESA and was printed for the RNI (are the rules different for blind people?)

Reclaiming ESA – linking rule
If you come off ESA to try out a job or training you may be able to reclaim ESA under a special “linking rule”. If you are off sick or leave a job within 12 weeks of a previous ESA award you will go back on to your ESA at the same rate and terms as before. There is no waiting period and you do not have to repeat the 13-week assessment phase.

Surely this shows that he should go back into the support group of contribution based ESA, as he was before trying to go back to work?

tazwhoever

I am just wondering, was your friend off work for 10 years?

pineapplesherbet

It is actually my husband, just a bit paranoid when I put friend! it's actually sorted now. I quoted from a pamphlet about the linking rule - the one that was kindly posted above, and they backed down and agreed that he is entitled to go back to the place he was before, ie tax year taken into consideration from when he first claimed (yes 11 or so years ago) and into the support group. It worries me though because I know that many people suffering mental illness don't have somebody to fight for them like my husband does, and if we hadn't pushed and been informed they wouldn't have linked the claim and paid his benefit. I have to say when people are already struggling with mental illness this kind of thing gives them no incentive to try working again.