What happens when not working but not entitled to anything?

justwhat

Look at the possibility  of your wife registering as SE. NIC is less

UC system punishes people with savings.  If you are just over means tested thresholds, You may be able to get under the threshold legitimately.

peteuk

justwhat said:

Look at the possibility  of your wife registering as SE. NIC is less

UC system punishes people with savings.  If you are just over means tested thresholds, You may be able to get under the threshold legitimately.

There has to be a cut off at some point, and if your £1 over the cut off it’s always going to feel unfair.  But the OP has already stated that his wage is too high for them to claim UC as a couple.  So what else is available for them, which is an appropriate question to avoid further MH issues. 

PIP - would be a difficult (but not impossible) claim with no diagnosis.  

NedS

justwhat said:

UC system punishes people with savings.  If you are just over means tested thresholds, You may be able to get under the threshold legitimately.

Punish is a weird choice of words. No one is being punished, the OP and their wife are in the fortunate position that they have savings and/or income, and are able to support themselves independently of the benefits system, which is there to protect those who are less fortunate.

The OP's wife would be able to claim ESA if they are unable to work due to their illness/disability, and they have been working and have been credited with National Insurance contributions.

Northern_Wanderer

NedS said:

justwhat said:

UC system punishes people with savings.  If you are just over means tested thresholds, You may be able to get under the threshold legitimately.

Punish is a weird choice of words. No one is being punished, the OP and their wife are in the fortunate position that they have savings and/or income, and are able to support themselves independently of the benefits system, which is there to protect those who are less fortunate.

The OP's wife would be able to claim ESA if they are unable to work due to their illness/disability, and they have been working and have been credited with National Insurance contributions.

If she has been earning over the Lower Earnings Limit of £123/ week and made NI Contributions for the relevent 2 tax years then technically she may be able to apply for New Style ESA based on her contributions. Usually you would be getting Statutory Sick Pay first for 28 weeks of sickness. She would need to be handing in Fit Notes and be assessed under a Capability for Work assessment. It's £90.50 per week in the assessment phase, same if put into work related group and £138.20 if in the Support Group. This is the reality for people who are not the poorest in society which the welfare system is intended for.

OP already said she would not claim such a benefit however.

Northern_Wanderer

peteuk said:

PIP - would be a difficult (but not impossible) claim with no diagnosis.  

PIP and ADP are assesed on how your condition affects your ability to carry out daily living tasks and mobility, a diagnosis is not necessary but DWP/SSS would look for medical evidence to back up what is said in the application.

sheramber

What exactly are you concerned about?

Are you only concerned about the next 4 years NI contributions?

Is there a possibility  of your company not being able to pay her?

You could look into the possibility of your wife paying voluntary class 2 contributions  due to her self employment being under the lower limit.

If anything happened to you would your wife not inherit anything from your business?

Have you made private pension provision for both of you

Your wife would be able to claim Bereavement Support   https://www.gov.uk/bereavement-support-payment/what-youll-get.


Tb protect your wife you should have made a will and  a Power od Attorney so someone can deal with your affairs if you became unable to do so.

Robbie64

As mentioned in posts above, your wife might be eligible for New Style ESA depending on how long she has been paying / treated as paying NI contributions. If she chooses not to claim this then it's not the same as saying she's not entitled to anything.

As Northern_wanderer has posted, she would also be entitled to SSP if she continued to be employed by your company. Indeed, if she remained employed by your company she would have to claim SSP, or be treated as being paid SSP (she could receive her full wages instead), for 28 weeks before she could claim ESA. This is because she would satisfy the test for being paid SSP. She would have to obtain a fit (sick) note from her GP and would need to continue to get one once she switches over to claiming ESA.

UKSBD

sheramber said:

What exactly are you concerned about?

Are you only concerned about the next 4 years NI contributions?

Is there a possibility  of your company not being able to pay her?

You could look into the possibility of your wife paying voluntary class 2 contributions  due to her self employment being under the lower limit.

If anything happened to you would your wife not inherit anything from your business?

Have you made private pension provision for both of you

Your wife would be able to claim Bereavement Support   https://www.gov.uk/bereavement-support-payment/what-youll-get.


Tb protect your wife you should have made a will and  a Power od Attorney so someone can deal with your affairs if you became unable to do so.

"What exactly are you concerned about?"

Not really sure to be honest, the original question was more about what she would be classed as and that was answered - Economically inactive 

The 4 year contributions aren't really an issue, more that she is still 15 years away from getting pension and if my company wasn't employing her she would just drop out of the system.

Maybe I'm just worrying too much and she doesn't need to be in the system, it just feels like a security back up though that others have, but she hasn't.

Judging from previous replies though, there are a lot of other people who chose to be Economically inactive, so I'm probably just over thinking things.

peteuk

Northern_Wanderer said:

peteuk said:

PIP - would be a difficult (but not impossible) claim with no diagnosis.  

PIP and ADP are assesed on how your condition affects your ability to carry out daily living tasks and mobility, a diagnosis is not necessary but DWP/SSS would look for medical evidence to back up what is said in the application.

I used to assess PIP, so yes I agree with how its assessed, but in reality (and i disagree with this) if the evidence, or lack of evidence stacks up against what the claimant is saying then a Nil point outcome is easier to assess than a truer reflection of the claimants ability.   PIP is difficult for the claimant at the best of times, and frustrating.  Hence my comment it would be difficult but not impossible. 

But equally the OP has clearly noted that their wife doesnt struggle with the majority of DLAs.

Spoonie_Turtle

peteuk said:

Northern_Wanderer said:

peteuk said:

PIP - would be a difficult (but not impossible) claim with no diagnosis.  

PIP and ADP are assesed on how your condition affects your ability to carry out daily living tasks and mobility, a diagnosis is not necessary but DWP/SSS would look for medical evidence to back up what is said in the application.

I used to assess PIP, so yes I agree with how its assessed, but in reality (and i disagree with this) if the evidence, or lack of evidence stacks up against what the claimant is saying then a Nil point outcome is easier to assess than a truer reflection of the claimants ability.   PIP is difficult for the claimant at the best of times, and frustrating.  Hence my comment it would be difficult but not impossible. 

This is true for the assessment appointment in isolation (and the subsequent DWP decision, most of the time), and it's good for people to be prepared for that outcome.

But people need to know how PIP is assessed overall - how eligibility is determined, according to the law - in order not to be put off if/when the assessment with the HCP goes badly, to know what they should be entitled to and whether it's worth fighting.  That's what most of us tend to mean when saying 'how PIP is assessed'.