ESA - claim when on the sick from work?

[Deleted User]

Wife works as nurse. On half pay now and SSP ran out so payroll sent us form to claim ESA which has been.

Shes still off work sick and waiting for ESA assessment.

Jobcentre sent her a letter saying she had to come in to discuss work. She phoned them to say I've got a job for now Im on the sick. So they said:-

1.) You can't claim ESA if your working.
2.) Even if you're signed off sick, either you get a job or work voluntarily or we stop your benefits.

Surely this is not right. I am absolutely fuming to be honest if this is wrong which I suspect it is.

HB58

Yes, this is wrong, many people claim ESA while they are still employed. However, your wife will have to attend 'work focussed interviews', if requested to do so, until and unless she is assessed and placed into the 'Support Group' of main phase ESA. She cannot be forced to work or seek work during these interviews.

TELLIT01

It does seem crazy that somebody with a job to go back to has to undergo a Work Focussed Interview, but ESA is all about finding work that somebody is capable of doing. After 28 weeks away from work it's not really surprising that alternative employment has to be considered. If your wife has been unable to return to her usual job after over 6 months is she likely to be able to return to it at all?
Those are the questions being considered under the rules of ESA whether we like it or not.

HB58

I know of someone who has, correctly, been on IB and then ESA for many years. This person is still, technically, employed and would have a job ready if they were able to manage it. Yet they still have to attend WFI's because that is the way the benefit operates. The advisor usually leaves them alone rather than wasting everyone's time but that is entirely at the advisor's discretion.

sheeps68

Just to reassure you as sounds similar scenario's here. I had to claim ESA whilst still officially employed as my SSP ran out. I claimed ESA and entered the assessment phase. I then got a letter from JC+ to go for a work focussed interview. I rang and spoke to them and as officially still employed and still in assessment phase I was then told I did not need to attend.

[Deleted User]

TELLIT01 wrote: »

It does seem crazy that somebody with a job to go back to has to undergo a Work Focussed Interview, but ESA is all about finding work that somebody is capable of doing. After 28 weeks away from work it's not really surprising that alternative employment has to be considered. If your wife has been unable to return to her usual job after over 6 months is she likely to be able to return to it at all?
Those are the questions being considered under the rules of ESA whether we like it or not.

Yes thats it a work focused interview. Does seem nuts.
Surely if shes too ill to work at the job she has got then she cant do another job? Pointless waste of time.

And I can see that one making the news too. Nurse forced to quit job because sickness benefits stopped during her recovery from illness because jobcentre forced her to take job as cleaner. Thousands wasted in training.

Millions of eastern europeans and immigrants who've never paid a penny in tax in their lives get it but poor hard working nurses get forced to quit the job they love! ;-)

Having claimed JSA in the past I know all too well that although 99% of jobcentre staff are lovely there are 1% who are a complete nightmare. I remember arguing with one lady who seemed to think that just because a lot of people who she sees are maybe rude to her, there are polite people like me who deserve to be spoken to properly.

[Deleted User]

sheeps68 wrote: »

Just to reassure you as sounds similar scenario's here. I had to claim ESA whilst still officially employed as my SSP ran out. I claimed ESA and entered the assessment phase. I then got a letter from JC+ to go for a work focussed interview. I rang and spoke to them and as officially still employed and still in assessment phase I was then told I did not need to attend.

Yep. Exactly same as my wife. She phoned them yet it looks like shes managed to get an awkward sod whos playing up a bit and saying these things.

rogerblack

[quote=[Deleted User];67737263]
Surely if shes too ill to work at the job she has got then she cant do another job? Pointless waste of time.[/QUOTE]

ESA is not granted because you can't work.
ESA is granted because you have one of a number of specified diseases, match one or more of the criteria for disability, or it would severely damage your health to be found fit for work.

You can be found fit for work - even if no sane employer would employ you.

Certainly, there are cases where someone with - for example - a badly broken arm who can't do their normal job, can do another that does not require both arms.
Or someone who is not safe to drive able to work in a shop.

[Deleted User]

rogerblack wrote: »

ESA is not granted because you can't work.
ESA is granted because you have one of a number of specified diseases, match one or more of the criteria for disability, or it would severely damage your health to be found fit for work.

You can be found fit for work - even if no sane employer would employ you.

Certainly, there are cases where someone with - for example - a badly broken arm who can't do their normal job, can do another that does not require both arms.
Or someone who is not safe to drive able to work in a shop.

Agreed. At the moment, she has a job albeit on long term sick as confirmed by a doctors sicknote. Shes claiming ESA and is currently awaiting review (or whatever its called).

Appreciate the situation is also not black and white.

BUT my point is, like I said, she has a job for now, and shes awaiting classification. For a jobcentre employee to kick off like this is several levels above their paygrade I would argue.

Fair enough, you need to weed out the malingers but surely the time to talk about work, voluntary or otherwise is if and when she longer has a job and is categorised properly for ESA.

rogerblack

If you do not comply with a work focussed interview, it is indeed the case that the entire amount of ESA may be sanctioned.

[Deleted User]

rogerblack wrote: »

If you do not comply with a work focussed interview, it is indeed the case that the entire amount of ESA may be sanctioned.

She will attend of course. But there is still no excuse for bad behaviour from them like this.,