Seeking slightly complicated benefits advice...help!

[Marino13]

Hi all,

 

if anyone can help, or point me in the right direction, I would be grateful.

As of Tuesday next week I would have effectively left my job. I had been there 5 years, but in January of this year I had a bad back injury, which led to ongoing sciatica, and me being on sick leave (signed off by GP). By May my employer was putting pressure on me in various ways to either come back (which I was/ still am incapable of) or leave. I decided to resign, obviously stating in my resignation letter that the reason was my health, and that I was unable in the foreseeable future to return (both my GP and physio had recommended against returning, due to the nature of the job and the daily 4 hr commute)

 

So my first question is, what benefits can I claim? I am still not capable of working, and when I am the types of jobs will be limited. To add to the complication, my wife works full time and we have 2 young children (2 and 1). As I no longer earn a salary, we have taken them out of nursery to save the money and I will have to look after them 24/7. So, for health reasons and childcare reasons, I am effectively unable to work.

Am I entitled to income support?

 

and finally (I promised it was complicated), my mother in law, who is widowed, has just been diagnosed with a terminal cancer of the brain. This has led to my wife having to spend some days/ nights with her (she has lost a lot of mobilityetc), meaning even more so I am the childrens carer.

 

I have no idea what to try and claim for, so was hoping I could get some general guidance, or more specific help if possible.

 

Thanks for reading!

[freakyleaky]

Have a look here while you're waiting for more responses.

 

http://www.turn2us.org.uk/benefits_search.aspx

[Nystagmite]

You can't claim income support. Your wifes' income might be too high to claim income based benefits. Does your mother in law receive Attendance Allowance (AA) or Disability Living Allowance? (DLA) if she receives either rate of AA or the mid or high rate care DLA, and you're looking after her for at least 35 hours a week, you can claim carers allowance.

[Marino13]

we are still trying to establish what we are entitled to with my mother in law; it hasn't helped financially as we have had to buy a lot of things ourselves as the NHS provides virtually nothing anymore (she cant feel her right side at all)

I guess income support is not viable, as my wife is working, but I think employment and support allowance might be the way to go...any thoughts all?

[Nystagmite]

You may get employment support allowance if you've paid the right NI.

[Slatted]

Isnt Income Based ESA available even if not paid sufficient NI?

[Marino13]

I've definitely paid enough NI, not been unemployed for about 8 years, and only then a short time.

[Nystagmite]

Isnt Income Based ESA available even if not paid sufficient NI?

 

Not if you have a partner who works full time.

[Marino13]

Although ESA seems to be the best option, am wondering if I should just sign on for JSA as normal? I have enough NI contributions, and can just explain the job limitations because of kids, back etc. ESA seems to involve a lot of appointments, sessions, checks etc

[Slatted]

JSA is not without its fare share of those things believe me!!

[Marino13]

JSA is not without its fare share of those things believe me!!

 

ha ha, true.

[Guest amianne]

JSA is not without its fare share of those things believe me!!

 

I would suggest that you do what most do and claim ESA as long as you have a GP that will continue to give you sicknotes.

 

Given that even if you were able to claim IS using the CA as a gateway, the household income would cancel the amount you might get completely out.

 

With either JSA or ESA you can't claim CA as they are overlying benefits.

 

Simply you have to choose between Contribution based JSA, Contribution based ESA or just claim CA. However you must remember that your MIL will lose some of her income if she is claiming a means tested benefit and if you do claim CA.

 

SORRY I HAVE QUOTED THE WRONG POSTING TO REPLY TO

[flumps1976]

If you claim JSA you will be required to seek full time employment and will need to be actively seeking employment. You would only be able to set a restrictions about the length of time for being able to start work as a maximum of 1 week to sort out childcare for your children and you would need to be able to state at least 3 types of employment that you could realistically seek and work at.

 

ESA would be an option as you state that you still have your medical restrictions or if you manage to sort out a claim for your Mother In Law to receive DLA (middleor higher rate care) or AA if she is aged over 65 then you could make a claim for Carers Allowance, you won't receive both ESA and Carers allowance together but the underlying enttlement to carers allowance would attract a carers premium.

Also another thing to consider is that if placed in the Work Related Activity Group you would only be paid ESA for a maximum of 12 months and then your benefit woud cease to be paid and only credits for your National Insurance record would be received.

[Marino13]

It looks as though the best thing to start with, as I left my job on health grounds, is to apply for ESA. I assume if, or when, they refuse that, I could then just apply for JSA

Also working tax credits and childcare as well...lets see what happens!

 

thanks for all the advice