Help desperately needed

Deslineham

Apologies if my grammar and spelling is incorrect, all will become clear in my post.

I have been suffering with some quite severe and random symptoms of illness for some 6 months, they became so severe and my employer was disinterested and actually making me take significant safety risks to which end I resigned. After suffering a couple of months without an income, I had no choice but to return to work and was offered 2 days per week. Within a week of re starting I have discovered that I have a brain tumour and had to stop work again. My employer has made it quite clear that will be getting no in work benefits i.e. sick pay.

I was told I have to make a claim for universal credit and then new style ESA. The application is ridiculous, we have to claim as a couple the form asks questions with no appropriate answer type for my circumstances such as are you expecting to be in hospital? Well it then asks for a date I can't give yet so I made one up. I have then had to make a commitment to look for work and my partner a commitment to look for more work. This is ridiculous I already have a job and she actually needs to free some time up to help care for me.

Our income now doesn't cover our bills let alone food and all of the additional costs associated with cancer treatment and hospital admission. I'm slowly going blind and worried that I will not be able to get some support before my current disability stops me from being able to complete the process.

It feels like this country doesn't care. I have worked and contributed all of my adult life and today I have had to apply to a food bank in order that we can eat.

Surely there is something wrong. Why do I have to apply for universal credit before I can apply for ESA. In addition I know ESA will not cover the costs of the care I need as although the NHS says it's free at the point of care it really isn't the hospital I have been referred to is 70 miles away and at the moment I don't think I can even afford to get there.

I'm desperate my partner is now working every hour she can to try to keep our heads up and she too is gonna burn out. Surely there is something I can do?

Any advice would be graciously received and I would forever be in you debt.

Many thanks

Delineham

Alice_Holt

Who told you that you have to make a claim for universal credit and then new style ESA.?
That is incorrect.

You can claim 'new style ESA' without claiming UC. UC is means tested whilst new style ESA is based on your NI contribution record, They are 2 completely different benefits.

Follow this guide to claim new style ESA:
https://www.disabledviewuk.com/useful-information/esa/new-style-esa/

"How to claim new style ESA
If you live in a Universal Credit Full Service Area, you can claim new style ESA by calling:

Telephone: 0800 328 5644 (choose option 2, then option 6)
Monday to Friday, 8am to 6pm

When you ring the helpline, you may be talking to someone that does not have sufficient training to understand that New Style ESA exists. They may tell you that you need to claim Universal Credit (even if you are not eligible to claim UC!)

If you are unfortunate enough to encounter a call handler that fell asleep during the New Style ESA part of their training, politely insist that it is New Style ESA you wish to claim and that you do not need or wish to start a claim for Universal Credit by itself. The call handler may try to give you the ESA helpline number, this will be incorrect as you cannot claim for the old version of Contribution based ESA in a full service Universal Credit area. Again, you will need to politely explain this to the call handler and insist that you talk to a manager. Please, please be persistent.

Many claimants are wrongly being advised they can only claim Universal Credit and in some instances this is leaving the individuals financially worse off. We cannot stress enough, how important it is to ensure that you claim for the right benefit and don’t assume that the call handler must be correct if they tell you that there is no such thing as ESA in a Universal Credit Full Service Area.

At the end of the call you should have given them some personal details and the call handler/manager should be confirming that they have registered your claim for New Style ESA. They will then e- mail you a UCESA1 form which needs to be completed and then you will need to phone UC again to arrange an appointment at the Job Centre Plus (JCP), if this wasn’t done on the previous one call.

At the JCP appointment you will then hand in the completed form plus fit notes for the DWP to process and your claim should then proceed without any problems."

For more info see:
https://www.benefitsandwork.co.uk/news/3696-new-style-esa-claims-sabotaged-by-dwp
https://www.rightsnet.org.uk/forums/viewthread/11629
https://www.gov.uk/guidance/new-style-employment-and-support-allowance

See if you can get help from Macmillan - they have welfare rights advisers who may also be able to help with a grant.
https://www.macmillan.org.uk/information-and-support/lymphoma/lymphoma-hodgkin/organising/benefits-and-financial-support/benefits-and-your-rights/help-getting-financial-support.html

If a DWP employee has told you that you have to make a claim for universal credit and then new style ESA please make your MP aware of this misinformation, and raise a complaint with the DWP.
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

Deslineham

Thank you so much for your quick and comprehensive response. It was a dwp advisor who informed me that I have to apply for universal credit first and as you can imagine all it has done is made me more confused. How is this system supposed to be more simple?

Sorry not sure if you are the right person but I have been told I may be eligible for pip too, sorry for my ignorance I'm not sure what pip is or how to apply?

Thank you again so much

poppy12345

Some information here for PIP.
https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/personal-independence-payment/


https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test


Please contact Macmillan who should be able to help you with all your benefit claims. Link in Alice's post above.

Alice_Holt

Info on PIP:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/
https://www.benefitsandwork.co.uk/personal-independence-payment-pip
https://www.macmillan.org.uk/information-and-support/organising/benefits-and-financial-support/disability-related-benefits/personal-independence-payment.html

I would strongly advise you to contact Macmillan and get the help of a Macmillan benefits adviser,

kingfisherblue

I didn't think that an emplyer could refuse sick pay (SSP) unless you work too few hours. Are you still working? As far as I am aware, you have to exhaust SSP before your application for ESA (new style or otherwise) is considered.

Also, if your employer wants to dismiss you on medical grounds, there is a process that has to be adhered to.

I am not knowledgable enough about these points, but I know that we have some posters who will be able to address them with accuracy. The information that they will hopefully give may be able to help you.

Alice_Holt

kingfisherblue wrote: »

I didn't think that an emplyer could refuse sick pay (SSP) unless you work too few hours. Are you still working? As far as I am aware, you have to exhaust SSP before your application for ESA (new style or otherwise) is considered.

Also, if your employer wants to dismiss you on medical grounds, there is a process that has to be adhered to.

I am not knowledgable enough about these points, but I know that we have some posters who will be able to address them with accuracy. The information that they will hopefully give may be able to help you.

Good points.

The OP may also want to see if he has a case of on discrimination grounds (disability) - a visit to his CAB for employment advice may be worthwhile.

pmlindyloo

The OP will need a SSP1 from his employer explaining why they are not paying SSP before they can claim ESA.

Information about SSP here:

https://www.citizensadvice.org.uk/work/rights-at-work/sick-pay/check-if-youre-entitled-to-sick-pay/

Deslineham

Many thanks for all of your responses, I now have I think a route through for support
With regard to my employer, I am effectively on a zero hours contract and therefore and it is my understanding that I have simply been removed from the rota rather than recorded as sick. Hence why I have no expectation of SSP. I work for one of the largest UK hospitality businesses and it feels like they will do anything to not pay non salaried staff. It's disgusting I know but I don't have the energy to fight them. This is the UK in 2018, I just need a little help for hopefully a short period but instead when I should be able to focus on my illness and hopefully my recovery all of my worry and energy is aimed at money to simply survive.

I really don't have any love and pride for this country anymore and I don't mean the people I mean I guess the governance. I didn't realise it was so messed up and I'm ashamed.

tazwhoever

Excellent advise Alice, when I found out I had to have neurosurgery. Straight to GP to get sick notes, was paid SSP, then form I received after 26 weeks then ESA.

I really hope OP gets the benefits, instead of this mess created by telephone advisors. No point burning your partner through extra hours! You need her to care for you (and children if you have any).

Apply for ESA and PIP.

Wish you well and hope you get better soon.