Turned down PIP+ESA - still got job but zero pay - what now?

[Deleted User]

Wife on long term sick. She was getting full pay, then half pay plus ESA, then just ESA.

She finally got her assessment but shes been turned down and advised it will stop immediately.

Shes still employed officially (trying to sort out redeployment to a suitable role she can do) but gets zero pay. Although its likely in the next few months she will get terminated.

Advisor suggested JSA. But Im guessing she would need to not have a job to claim that? She has one like I said for now - zero pay.

Does she really have to wait for months until she gets terminated to claim JSA?

Probably won't get means tested because I work anyway.

pmlindyloo

[quote=[Deleted User];discussion/5265358]Wife on long term sick. She was getting full pay, then half pay plus ESA, then just ESA.

She finally got her assessment but shes been turned down and advised it will stop immediately.

Shes still employed officially (trying to sort out redeployment to a suitable role she can do) but gets zero pay. Although its likely in the next few months she will get terminated.

Advisor suggested JSA. But Im guessing she would need to not have a job to claim that? She has one like I said for now - zero pay.

Does she really have to wait for months until she gets terminated to claim JSA?

Probably won't get means tested because I work anyway.[/QUOTE]

First of all, does your wife intend to appeal the ESA/PIP decisions? if she does then remember that there is a time limit to do so (look at the decision letters)

For ESA to be able to appeal she needs to ask for a reconsideration first. During this time she cannot claim ESA so would have to claim JSA and this is where your wife is 'stuck'. She cannot claim JSA as she is not available for work.

So, options:

1. Priority to sort out the work situation - is she going to be dismissed/redeployed/or what. She needs to make an appointment with HR asap.

2. If she wants to appeal then unless her employment ends then she will not be able to claim anything whilst waiting for her reconsideration for ESA (should take only a few weeks) After the reconsideration (if the decision doesn't change) then she can go back on the assessment rate of ESA until the tribunal. If she wants to go this route then she needs to get help from CAB/welfare advisor for her appeal.

Although you are working it seems she must be on contribution based ESA so could go back on ESA during appeal if her 365 days haven't been used up. if she is no longer entitled to contribution based ESA then because you are working she will not be eligible for income based.

If she is not eligible for contribution based ESA then put your details into the calculator on https://www.entitledto.co.uk to see if you are eligible for any other benefits.

3. If she doesn't want to appeal and her employer dismisses her she will need to think about getting another job (agency work?)

So, all hinges on the job and whether she wants to appeal.

Hope this helps.

rogerblack

pmlindyloo wrote: »

2. If she wants to appeal then unless her employment ends then she will not be able to claim anything whilst waiting for her reconsideration for ESA (should take only a few weeks) After the reconsideration (if the decision doesn't change) then she can go back on the assessment rate of ESA until the tribunal. If she wants to go this route then she needs to get help from CAB/welfare advisor for her appeal.

Assuming she was entitled to conts-based ESA, and she is not likely to get better in the near-term, retaining entitlement to conts-based ESA may only be doable if she appeals this decision.
For income based, as mentioned, no payment would occur.

Conts based ESA gives you at least one years payment in the assessment + work-related group.
BUT - if she then qualifies later for the support group - due to a worsening or a reassessment - payment would resume.
It would probably not resume if at the time of that worsening, she makes a fresh application for ESA.

(Assumptions - your entitlement to ESA depends on having paid or being treated as having paid contributions signficantly for the two complete prior tax years before the start of the year in which the claim is made.
So - for a claim made before Jan 7 2015, this would be April 2012-13 and 13-14. Any work done or not after April 2014 is entirely irrelevant.)
A fresh claim before Jan 7 2016 would look at 13-14 and 14-15.

[Deleted User]

pmlindyloo wrote: »

First of all, does your wife intend to appeal the ESA/PIP decisions? if she does then remember that there is a time limit to do so (look at the decision letters)

For ESA to be able to appeal she needs to ask for a reconsideration first. During this time she cannot claim ESA so would have to claim JSA and this is where your wife is 'stuck'. She cannot claim JSA as she is not available for work.

So, options:

1. Priority to sort out the work situation - is she going to be dismissed/redeployed/or what. She needs to make an appointment with HR asap.

2. If she wants to appeal then unless her employment ends then she will not be able to claim anything whilst waiting for her reconsideration for ESA (should take only a few weeks) After the reconsideration (if the decision doesn't change) then she can go back on the assessment rate of ESA until the tribunal. If she wants to go this route then she needs to get help from CAB/welfare advisor for her appeal.

Although you are working it seems she must be on contribution based ESA so could go back on ESA during appeal if her 365 days haven't been used up. if she is no longer entitled to contribution based ESA then because you are working she will not be eligible for income based.

If she is not eligible for contribution based ESA then put your details into the calculator on https://www.entitledto.co.uk to see if you are eligible for any other benefits.

3. If she doesn't want to appeal and her employer dismisses her she will need to think about getting another job (agency work?)

So, all hinges on the job and whether she wants to appeal.

Hope this helps.

Thanks. Yes planning to appeal both this and PIP. I guess time to get the ball rolling.....

Shes about half way through an official 12 week redeployment phase. Of course, ideal situation is she gets redeployed into a suitable role but I dont think thats going to happen.

So in 6 weeks time she is having another meeting with HR where, I think, it will be termination time. This is most likely.

Yes shes on contribution ESA and has had for about 6 months now. I work so no chance of income based I guess.

Like you said, I don't think she can get JSA either until her job situation is decided one way or another. Hopefully, should only be a few weeks even if they turn down the reconsideration because we can get the appeal in.

[Deleted User]

Hmm Spoke to them both today. Both said put it in writing. I assumed by phoning them they'd say ok we'll start the reconsideration. Is this normal?

nannytone_2

theyalways ask for it in writing

bspm

The decision has been made on your wife's case, you need to put in writing why you think their decision is wrong, stating how your wife's illness affects her day to day living.

It isn't just a case of saying...we want a reconsideration.