IB claim stopped now fit to work

buttonmoon

I've just had my brother call me in a massive panic as he went for an assessment and has now had a letter stating his IB will be stopping. I am going to get him to email me the letter so I can read what it says. Basically, he hasn't worked for 10 years and this has come as a massive shock to him. He is intending on appealing the descision which he may or may not win. Even if he does win this may take months.

Apparently the letter states he is fit to work and he should go and claim JSA but offers no other advice.
The main thing I am concerned about is how they will survive in the meantime especially since they have a toddler. Can anyone give me any practical advice concerning this? With the loss of IB would any of his other benefits go up such as income support? Is there anyway of increase his income? Could him or his partner work a small amount without affecting his other benefits?
I have advised him that he should try to claim JSA to see if they accept a claim. However, I would think as soon as he limps in the door and they state of his leg which has a massive open wound on it that they won't give him JSA either!

At the moment my brother is so shocked he can't think straight so I am just trying to help him.

TELLIT01

Your brother can't be left without access to benefit assuming he doesn't have savings of over £16k. If he has a letter stating he is fit for work then they can't refuse to allow him to sign on for JSA.
His entitlement to Income Support would have been dependant on him receiving IB so the probability is that IS will stop too.
I'm not sure of the current process with appealing the IB decision. I don't know if he would continue to receive IB payment whilst the appeal progresses. If he does appeal the decision he will need to give details of why he believes the original decision is wrong.

allen35

Ususally the IB claim will end at the next payday which tends to give up to 2 weeks grace.

He can make the JSA claim by phone (0800 0556688) because as you say he intends to appeal.

To start the appeal process he needs to call ESA and request a mandatory reconsideration, this can be done by phone and within 1 month of the dated letter (during the conversation ask for all the evidence used to reach the decision) and he will then receive a call back from a Decison Maker to discuss why he thinks the decision is wrong.

He will need to go through the descriptors and check the medical assessment to see where he disagrees.

Once this decision is made and if it's unfavourable he will go on to the assessment phase amount of benefit (ESA) approx' £113 for a couple whilst he appeals.

If he can gather medical evidence to support his appeal submit it as soon as possible.

buttonmoon

I think that the IS claim might be in his partners name. My brother told me that as there daughter is under school age that she doesn't have to look for work until then. Does this sound correct? He also mentioned that he thinks she could work for up to 15 hours per week without it affecting her benefits. Again does this sound correct?

The problem is that due to my brothers health that he can't be a SAHD and look after his daughter full time whilst his OH works. However, maybe if she could get a PT cleaning job for a couple of hours a day he could manage a couple of hours childcare?

bloolagoon

who told them they could claim IS as a couple with a young child?

buttonmoon

Goodness knows and it might not even be IS (it was a very panicked and garbled phone call I recieved earlier). I have asked them to email me a copy of the letter and a list of exactly what they were receiving in benefits, name of, amount and frequency and what is being stopped. Once I get that I will know where he stands. My brother is very unhappy and wants to appeal (which I will help him with). However my understanding is that this may take months and they need to find someway to live in the meantime with a child under school age. My brother is still at the panic stage where he can't think straight.

McKneff

Is there any reason why his partner cannot work full time.

Poppie68

As the child is 2 she is eligible for 15hours of free nursery a week so that should open up more possibilities for the mum to work full time.

BigAunty

A couple with dependents only have to work24 hours per week between, with one working at least 16 of them, in order to be eligible for working tax credits if their income is low enough. On top of this will be child benefit, child tax credits, council tax discount (and HB if tenants).

Could he be a stay at home dad, perhaps with some part time work while she takes on part time employment, so that jointly, they meet the WTC threshold?

buttonmoon

I did remind my brother that's its 2015 and that women work and could he be a SAHD. At the moment he had a gaping open wound on his leg with nerve damage alongside a number of other physical and mental health problems. He is under a various consultant for his health issues as they think the leg problem may be caused by a circulation issue as it hasn't healed in a year. He is also on about a million strong pain killers due to his leg as well. Basically, he doesn't feel able care for 2 y/o whilst mum works full time as some days he can't get up/down stairs, can't get up off the floor, can't pick his child up, and can't walk to the local shop (which is 1 minute max walk away).

However, I do think it would be an option for mum to work PT 24 hours and use the 15 hours free childcare. Then he might be able to looks after his daughter for the remaining, 9 hours or get some help with this, or get work when his leg heals. I think he would try to look after his daughter for 1/2 hours a day whereas 8/9 hours would be too much.