Good afternoon

I’m a long time poster who has chosen an alias. Mods, please delete this if its not in the right spirit of things.

I Thought I’d ask the group their opinion on this. My wife lost her job as a teacher on Ill health grounds last year after being diagnosed with CFS/ME. We’re now in the world of benefits, and having both been in constant full time employment, this is a minefield for us.

She has been claiming ESA since and is awaiting an assessment for PIPS. She had an assessment a week or so ago, which has resulted in her ESA being withdrawn, she has contacted the job centre, who have claimed she can’t seek jobseekers because she currently has a sick note from her doctor, and is unfit for work, they have told her to contact the ESA people again.

Long story short, she’s been passed from pillar to post, she’s going to the job centre later this week, where we suspect she’ll be sent away again as she’s currently not fit for work, we have no inclination to start pretending to be looking for a job, when she’s not (at present) just to claim a benefit, but is this how it operates? You just get shrugged off unless you start to fraudulently claim a benefit?

Help?!

my experience of JSA etc is that they will do absolutely anything they can to get you off their books, regardless of how it will affect you

im sorry I have no real advice to offer, good luck

Surely there’s an appeal procedure to follow if you disagree with their decision.

edit : https://www.gov.uk/social-security-child-support-tribunal/overview

Try here first.

edit 2: Has she applied for DLA?

There is, (edit: an appeals process) which we’ll explore, however, the money has stopped as of Saturday, so it’s not of great immediate help. Fortunately I have a decent enough job so we won’t starve. From the explanation of ‘the decision maker’ which is apparently his actual job title. My wife needed to score 15 points to maintain receiving ESA payments, she scored 0. Again, she has been very honest, she could go back to her old job and last a day, maybe a week or two, the assessment she had was very much based on the here and now.

Edit 2 DLA is replaced by PIPS, which she claimed for months ago, and has two assessments cancelled already.

I’m sorry but I can only offer sympathy, what a horrible situation!

I don’t understand all the acronyms but it seems your Wife is stuck in some horrible benefits purgatory whereby she’s not sick enough for ESA, but not well enough for JSA?

Is Income Support a possibility?

Is Income Support a possibility?

I don’t think so, although I’ll check. im not really sure what benefits are and aren’t out there! They’re not well advertised! 🙂

she could go back to her old job and last a day, maybe a week or two

I think this is where they’ll just shunt her around.

“You can work go and see the other lot”

“You can’t work for long go back the first lot”

I can’t help but you have my sympathy.

I might be completely wrong but I think as your wife lives with you your income is taken into consideration.
They maybe take this as the fact that you will have to financially support her.

This website is highly recommended by thyroid/ME/CFS sufferers although I believe you have to pay to join:

http://www.benefitsandwork.co.uk/

It may be worthwhile contacting the local CAB to see if there’s a benefits advocate. Will try and dig out some more info.

if she has a med3 (sick note) from the Dr, then this should be enough to claim ESA.
The assessment she had generally decides if she’s well enough to go back to work (unless the Dr issues another med3) or if she’s ‘ill enough’ to remain off, and the GP doesn’t need to keep issuing notes.

TBH, I hate the confrontation sick notes/ESA/JSA causes to the day to day surgery.

From a professional note; I’m happy to issue ‘sick notes’ for ‘clear and apparent’ conditions that will get better (injuries/post surgery/acute illnesses etc.) I think the concept of the ‘assessment center’ for longer term illness/causes of unemployment is a good idea in principle, but I don’t feel they accurately assess people to be a successful alternative at the moment. Some cases of ‘sickness’ aren’t actual sickness, just “i don’t like my job’ness”, and other cases (mental health etc) aren’t ‘visual enough’ for these assessment centers to make correct decisions…

Meh…

DrP

iolo – Member
I might be completely wrong but I think as your wife lives with you your income is taken into consideration.
They maybe take this as the fact that you will have to financially support her.

I’m fine with all of that. We only have one pot of money, and that’s the way it’s always been. I think I’m just pissed that they can just stop looking after you in an instant, and then use a computer says no mentality to refuse to help you further.

I remember when me and my now wife moved in together. I had a job in a shop earning £560 a month net, she was out of work. She couldn’t get any jobseekers or housing benefit as I was “earning too much”. Being as our rent was £300 a month and bills £100 (late 1990’s) it was a pretty lean time I can tell you.

This might help – http://www.mfin.org.uk/files/SurvivalROUTEMAPonlineview.pdf

Scottish based, but think everything in there is UK wide.
Based around jobseekers being sanctioned, but has some mention of appeal procedures etc
Explains the different benefits though as well as jobseekrs and sickness

Made up by a group I’m working with just now

OP, send me an email (In profile).

DrP. She has a Med3 sick note judging by its unique code on the bottom

Email sent barenecessities.

Just sent a second, no prizes for guessing my real forum name.

Only you and your wife can decide whether you can cope with dealing with Government departments who’ve been trained to make life as difficult as possible for those who’re at their lowest ebb due to illness. Sometimes it’s easier just to walk away and save yourself the stress.

Wishing you both good luck nevertheless.

Issues around this type of situation will be examined on radio 4 Tuesday at 8pm

http://www.bbc.co.uk/programmes/b04yk7h6

I do not understand the “rules” but recently a family member was “fined” a months benefit for an honest mistake (missed appointment)

The system is definitely rigged to penalise at any opportunity , for those in
really desperate situations it is frankly terrifying – it is the reason the food banks are in place and thriving.

This victimisation is frankly a disgrace in this country and needs urgent reform , the people making the decisions about benefit sanctions are forced to do so by a system entirely focussed on reducing the numbers without much regard to whether you can actually eat..

she has contacted the job centre, who have claimed she can’t seek jobseekers because she currently has a sick note from her doctor, and is unfit for work, they have told her to contact the ESA people again.

Is not true. They may have said that she cannot claim JSA due to your earnings??

OP you can mail me as well if you want to discuss stuff as much of it complicated but I can get information [from the horses mouth] and have limited desire to discuss openly

I do not work for DwP to be clear but I have many contacts and deal with them a lot

the sanction regime is close to brabric

For example if you are 5 mins late you get sanctioned – NB this is 5 mins ever no matter what happens or the reason – they also dont let you in if you arrive more than 10 minutes early!! Whatever happens then then make you wait !!!!

If you re offend it then becomes 13 weeks of no benefits

IMHO it has replaced decision making wiht a tick box excercise designed to massage the figures and punish the unlucky and the inept rather than the piss takers.
New about that programme I wanted to hear it.

If you are married and one earns over £25,000 , she’ll only be eligible for ESA for 12 months if she gets put into the WRAG group, if she gets into the support group which is almost impossible if you are breathing, she may be eligible for ESA.
I’m in the WRAG group wrongly and my hubby earns over the threshold, I can’t get a penny despite being too ill to work.
It’s a minefield and almost impossible to get anywhere unless you’ve got grit and a lot of time and a good medical record and a good doctor behind you.

Caz xx

Try here:
http://forums.moneysavingexpert.com/forumdisplay.php?f=139

WRAG is work ready activity group FWIW.

Work related activity group where your adviser goes off with a heart attack and it takes 3 months of constant weekly phone calls to the service provider to allocate you another who doesn’t even reply to phone calls after being allocated!

Caz xx

Bootstrap, total shower of dog eggs.

Caz xx

Is not true. They may have said that she cannot claim JSA due to your earnings??

My earnings have not been discussed yet.

Thanks for all your help people, some of you have been amazing!

IF you cannot get ESA then you are fit for work and can get JSA.

Trust me bootsrap are not the worst [ though it does give away where you live]

she has contacted the job centre, who have claimed she can’t seek jobseekers because she currently has a sick note from her doctor, and is unfit for work,

Your wife should have been telephoned about the result of her Work Capability Assessment with an explanation of how the decision was arrived at then passed directly through to make a telephone claim for JSA and subsequently booked in to see an adviser at her chosen Jobcentre.She should also have been advised on the WCA decision dispute process.See the Harrington Report.
If someone contacts a Jobcentre and says they are sick then they will of course advise you to claim ESA.JSA claims are done online or over the phone via a telephone contact centre if you have just come off ESA.
I know what I’m talking about 😉
Email in profile

Nick is correct to reference the Harrington report.

They won’t give me ESA or Jobseekers as im unfit for work, I cannot hold a job down with my fluctuating illnesses, but can’t get ESA as I’m married and hubby is over the threshold of earning.
We’ve been through it all at CAB and through bootstrap.
Also my autism group have also tried to help and they have met the same buffers.
It’s not a case of getting one or the other benefit, if the job centre say I’m not even fit for work, where do I go?
Caz xx

OP – I have some info that may be useful, e-mail in profile.

Go to the citizens advice bureau, they know the benefit system inside out