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    • nero33
    • By nero33 8th Jan 19, 11:25 PM
    • 7Posts
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    nero33
    Moving from JSA to another benefit after illness? - Advice please
    • #1
    • 8th Jan 19, 11:25 PM
    Moving from JSA to another benefit after illness? - Advice please 8th Jan 19 at 11:25 PM
    Good day to you all.

    I hope someone can assist us please.

    My husband is on JSA, actively seeking employment. We receive Housing Benefit. And we receive Child Tax Credit for our 3 children.

    Unfortunately he suffered a heart attack, spent a week in hospital over Christmas and the New Year and is recovering from a couple of procedures. He's quite weak and poorly - but alive! He's been advised to rest completely, no work, no driving, no lifting, no strain etc etc for a number of months. Just a bit of walking to keep the heart healthy.

    He had only been on JSA for about 6 months so new to benefits and we don't know enough about them.

    Should he remain on JSA? If he does then would he be expected to be actively seeking employment, going to meet his JSA advisor regularly etc which is not possible. Or is there another benefit that he should apply for or be transferred to? I have registered a claim for PIP in last couple of days.

    Many thanks for any assistance that anyone can provide during these worry times.
Page 1
    • calcotti
    • By calcotti 9th Jan 19, 12:33 AM
    • 2,159 Posts
    • 1,450 Thanks
    calcotti
    • #2
    • 9th Jan 19, 12:33 AM
    • #2
    • 9th Jan 19, 12:33 AM
    You can have short periods of illness while on JSA but it is a basic requirement of JSA that the claimant is available for and seeking work.

    The benefit for people too ill to work is new style ESA but he needs to have appropriate NI contributions for 2016-2017 and 2017-2018 to qualify. If he was not in work during that period he will not qualify. If he worked for at least 6 months in one of these years and has contributions or credits for the remaining period he may qualify. If he does qualify for ESA it is not means tested and he can claim as an individual. https://www.gov.uk/guidance/new-style-employment-and-support-allowance. Claiming new style ESA will not affect your HB or CTC.

    Otherwise he would have to claim Universal Credit. https://www.citizensadvice.org.uk/benefits/universal-credit/. However if he does this you would both have to claim and your HB and CTC would end and be replaced by the UC. The amount you get under UC will be different. I would therefore strongly recommend you go to your local Citizens Advice (or other agency) if you have one and ask them to carry out a benefits check to see what works best for you.

    As you are getting Housing Benefit are you also getting Council Tax Reduction - if so this will continue.

    Struck through - incorrect advice, see further posts below.
    Last edited by calcotti; 09-01-2019 at 7:03 PM.
    • poppy12345
    • By poppy12345 9th Jan 19, 5:34 AM
    • 4,794 Posts
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    poppy12345
    • #3
    • 9th Jan 19, 5:34 AM
    • #3
    • 9th Jan 19, 5:34 AM
    He'll also need a sick/fit note from his GP. For PIP, he needs to have had the condition for the last 3 months and expect it to last at least another 9 months.
    • Nannytone
    • By Nannytone 9th Jan 19, 2:40 PM
    • 183 Posts
    • 295 Thanks
    Nannytone
    • #4
    • 9th Jan 19, 2:40 PM
    • #4
    • 9th Jan 19, 2:40 PM
    He would have to claim ESA and not universal credit because they have three children
    • Icequeen99
    • By Icequeen99 9th Jan 19, 3:35 PM
    • 3,636 Posts
    • 2,451 Thanks
    Icequeen99
    • #5
    • 9th Jan 19, 3:35 PM
    • #5
    • 9th Jan 19, 3:35 PM
    You can have short periods of illness while on JSA but it is a basic requirement of JSA that the claimant is available for and seeking work.

    The benefit for people too ill to work is new style ESA but he needs to have appropriate NI contributions for 2016-2017 and 2017-2018 to qualify. If he was not in work during that period he will not qualify. If he worked for at least 6 months in one of these years and has contributions or credits for the remaining period he may qualify. If he does qualify for ESA it is not means tested and he can claim as an individual. https://www.gov.uk/guidance/new-style-employment-and-support-allowance. Claiming new style ESA will not affect your HB or CTC.

    Otherwise he would have to claim Universal Credit. https://www.citizensadvice.org.uk/benefits/universal-credit/. However if he does this you would both have to claim and your HB and CTC would end and be replaced by the UC. The amount you get under UC will be different. I would therefore strongly recommend you go to your local Citizens Advice (or other agency) if you have one and ask them to carry out a benefits check to see what works best for you.

    As you are getting Housing Benefit are you also getting Council Tax Reduction - if so this will continue.
    Originally posted by calcotti
    Why would the 3 child exception not apply?

    OP - you need to get some advice quickly. The 3 child exception, if it applies, would allow your husband to make a claim for income related ESA rather than universal credit but it is due to finish on 31 January 2019.

    IQ
    • calcotti
    • By calcotti 9th Jan 19, 6:08 PM
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    calcotti
    • #6
    • 9th Jan 19, 6:08 PM
    • #6
    • 9th Jan 19, 6:08 PM
    Nannytone and icequeen are right, the 3 children exception applies so would not be able to claim UC, will be ESA (old style) which makes life much easier, HB and CTC unaffected. Apologies for confusing things - I obviously shouldn’t have been posting in the early hours!

    I recommend making an ESA claim as soon as possible because the 3 child restriction is due to be lifted at the end of a January as noted by icequeen (although with the current delay to the UC regulations I am not clear if this timetable still applies).

    Contribution-based and income-related ESA
    Call the contact centre to apply for contribution-based and income-related ESA.
    Telephone: 0800 055 6688
    Monday to Friday, 8am to 6pm
    Last edited by calcotti; 09-01-2019 at 7:04 PM.
    • nero33
    • By nero33 9th Jan 19, 10:16 PM
    • 7 Posts
    • 2 Thanks
    nero33
    • #7
    • 9th Jan 19, 10:16 PM
    • #7
    • 9th Jan 19, 10:16 PM
    He was due to sign on today but we phoned to explain the situation. What the Job Centre advised us was basically what you guys have suggested.

    The difference between new style ESA & Universal Credits is the former depends on previous NI contributiuons & the latter is income based.

    An appointment will be made in a day or so to get a 'Fit-Note' from the GP as advised above & the Job Centre,

    So big thanks to you all
    Last edited by nero33; 09-01-2019 at 10:27 PM.
    • calcotti
    • By calcotti 10th Jan 19, 8:12 AM
    • 2,159 Posts
    • 1,450 Thanks
    calcotti
    • #8
    • 10th Jan 19, 8:12 AM
    • #8
    • 10th Jan 19, 8:12 AM
    He should not be claiming 'new style' ESA.

    As per posts #4, #5 and #6 by nannytone, icequeen and myself because you have more than 2 children he is not eligible. He must claim the old version of ESA using the contact details in my last post (6). If JobCentre advise you differently they are wrong.

    https://www.gov.uk/guidance/new-style-employment-and-support-allowance#if-you-have-more-than-2-children

    "If you have more than 2 children
    If you have 3 or more children and are not already claiming Universal Credit, or returning to Universal Credit within 6 months of a previous claim that ended due to high earnings, you will not be able to get new style ESA.

    You may be able to claim contribution-based or income-based Employment and Support Allowance or an alternative benefit instead, such as Income Support, along with Housing Benefit and Child Tax Credits."

    Once again I apologise for overlooking that you had 3 children when I posted at post #2.

    The claim for this older type of ESA is for a benefit which is both contribution based and income based. He will claim as an individual but you will be added to his claim as you are a couple. If he has the appropriate NI contributions he will get a contribution based award but may also get an income based top up based on your other household income. Child Benefit and Child tax Credits are ignored as income. If you have no other household income he will get a contribution based award of £73.10 (if he qualifies) plus £41.75 income based bringing the total to £114.85 which is the couple rate (as for JSA). Once he has been assessed, if he is found to have Limited Capability for Work and work Related Activity he will be placed in the Support group and the amount will go up from the 14th week.
    Last edited by calcotti; 10-01-2019 at 9:55 AM.
    • nero33
    • By nero33 10th Jan 19, 12:54 PM
    • 7 Posts
    • 2 Thanks
    nero33
    • #9
    • 10th Jan 19, 12:54 PM
    • #9
    • 10th Jan 19, 12:54 PM
    It was a bit late when I posted last night!

    We were told by Job Centre advisor that we need to apply for Universal Credit. I mentioned that we had 3 kids but was told NO, its UC. We do not have a history of National Insurance contributions so that might be the reason for going down the UC route not the old/new ESA route?

    (No other income sources or any savings whatsoever)
    • calcotti
    • By calcotti 10th Jan 19, 1:00 PM
    • 2,159 Posts
    • 1,450 Thanks
    calcotti
    Under current rules you are not eligible for Universal Credit or new style ESA if you have 3 children. The rule is due to change at the end of the month - but slightly unclear at the moment because legislation was due to go before MPs this month but has been delayed because they're talking about something else (Brexit sucking everything in).

    My previous post included the information about new style ESA as posted on the government website which confirms this.

    Similarly https://www.gov.uk/universal-credit/eligibility
    "If you have children
    You can make a new Universal Credit claim if you either:
    • have 2 children or fewer
    • received Universal Credit in the previous 6 months and your payments ended
    You cannot claim if you’ve 3 or more children and you’ve not claimed Universal Credit in the last 6 months."

    You should claim the old ESA as per my previous post. The claim is made by phone, not at the JobCentre.
    • nero33
    • By nero33 10th Jan 19, 1:27 PM
    • 7 Posts
    • 2 Thanks
    nero33
    We will ring up old ESA line and try to register a claim for income based ESA.

    Thanks! You guys are very assuring for us both
    • calcotti
    • By calcotti 10th Jan 19, 1:41 PM
    • 2,159 Posts
    • 1,450 Thanks
    calcotti
    We will ring up old ESA line and try to register a claim for income based ESA.

    Thanks! You guys are very assuring for us both
    Originally posted by nero33
    When you ring I suggest you make clear at the beginning that you have 3 children - hopefully the person at the ESA claim centre will understand the rules.

    As long as you are clear that you want to be assessed for income based ESA the claim will be for both contribution and income based ESA - it is one benefit under the old system.

    When you ring (if they are still doing these claims as they used to) you will need to provide your NI numbers, GP details, details of any other household income and savings as well as your bank details. They will probably ask about your rent and council tax too (although a you already get HB and CTR this is not actually relevant). They will also want details of recent employment (employer and dates). Obviously the DWP should have all this information already because of the JSA claim but be prepared for them to ask for it again.

    Good luck.
    • nero33
    • By nero33 10th Jan 19, 4:42 PM
    • 7 Posts
    • 2 Thanks
    nero33
    We made the claim for ESA over the phone tonight. It took about 45 mins (plus 20 mins waiting in a queue). Fantastic operator on the phone.

    Many thanks to you all and big thumbs down to the Job Centre staff!
    • calcotti
    • By calcotti 10th Jan 19, 5:35 PM
    • 2,159 Posts
    • 1,450 Thanks
    calcotti
    Excellent. Make sure you get the Fit Note to the DWP. Husband will have to complete a Work Capability questionnaire in due cours.

    Good luck going forward. I hope he makes a full recovery in due course.
    • nero33
    • By nero33 10th Jan 19, 8:55 PM
    • 7 Posts
    • 2 Thanks
    nero33
    Excellent. Make sure you get the Fit Note to the DWP. Husband will have to complete a Work Capability questionnaire in due cours.

    Good luck going forward. I hope he makes a full recovery in due course.
    Originally posted by calcotti
    Thanks. You're so kind. Recovery is No.1 priority. He had so many plans for the new year with regards to work & some business initiatives - had spend a fair chunk of cash to fund these ideas, so all on hold at the moment. ESA was not what we had envisaged

    Hopefully fit note will be given tomorrow by GP (if we can get an appointment!).

    I'll update ESA progress /any problems as it might provide useful for others in the future
    • nero33
    • By nero33 11th Feb 19, 9:07 PM
    • 7 Posts
    • 2 Thanks
    nero33
    Just a quick update. GP gave us a 2 month fit-note for starters. ESA claim did take a while to be approved (3.5 weeks), only because departments weren't communicating with one another even though all forms were completed and all supporting paperwork was submitted next day.

    Thanks again to all. Slowish recovery being made by Husband but he's a lot better than 2 months ago
    • poppy12345
    • By poppy12345 11th Feb 19, 9:25 PM
    • 4,794 Posts
    • 4,465 Thanks
    poppy12345
    Just a quick update. GP gave us a 2 month fit-note for starters. ESA claim did take a while to be approved (3.5 weeks), only because departments weren't communicating with one another even though all forms were completed and all supporting paperwork was submitted next day.

    Thanks again to all. Slowish recovery being made by Husband but he's a lot better than 2 months ago
    Originally posted by nero33
    3-4 weeks is the timescale for first payment once starting a new claim.
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