help for my sister.. R.E dla ect

[Mummytotwox]

i was wondering if someone could help me.

 

Im writting on behalf of my sister. She is 35 and a single mother to one. She worked for 10 years cleaning, but lost her job two years ago, due to her depression and taking to many days off.

 

she has always had depression and is on very strong tablets, sleeping tablets ect. She was ESA last year, and tried to claim for DLA, as she can not leave the house, and has extreme panic attacks. if she goes out i have to go with her. She only goes out to my dads in a taxi twice a week. My neice helps alot.

Anyway she put in a claim and was only awarded 6points, and wasnt allowed anything. She had a tribunal, but they was going on what happened the year before even though her depression is 10x worse now.

 

She is now on JSA. But even just looking for a job she has panic attacks. She has attacks in crowds and if there alot of people. She is struggling to live. Im really worried about her. She has hardly enough money to make ends meet, let alone by her daughter new clothes when needed ect. So i help her out with that.

 

She applied for jobs but because of her depression she doesnt get them, although both myself and the doctor doesnt believe shes in the right mind for a job atm and it would do her more harm then good.

 

What could she do? could she apply for DLA again? We both know that if she can feed and wash herself she isnt really entitled to it.

 

Help please xx

[Slatted]

Why did her ESA stop? Was it contribution based or did she "fail" the "medical"?

 

If her condition has worsened she can claim ESA again and will be on assessment rate which I believe is same money as JSA. If her GP thinks she unfit and will issue sick notes then I would suggest this is the way to go.

 

DLA is, as you say, more related to care needs not the ability to work.

[Mummytotwox]

her esa stopped because she claimed for a year and they moved her to jsa x

[Slatted]

As far as I know she can reclaim ESA if her health has worsened. The one year usually applies only to Contribution based ESA but that does not normally mean determined as fit for work only that her income and savings and from what you have said she may also have been able to claim income-based ESA which is means tested. I would certainly suggest her applying for ESA again.

 

It is not, as far as I know, conditional upon claiming JSA that ESA ends after a year.

 

Is her JSA Income based?

[worried33]

all seems confusing, but from what you posted my guess is she can reapply for ESA and I would also reapply for DLA.

 

Problem is even when on ESA assessment rate having to deal with the sick note requirement in itself can be still quite tough if your GP insists on only doing them for a couple of weeks at a time.

[abc123def]

It doesn't sound like your sister meets the criteria for DLA. But she could reapply for ESA.

[Nystagmite]

her esa stopped because she claimed for a year and they moved her to jsa x

 

As far as I'm aware, they don't do this. If you don't meet the criteria, they can stop your money. You then appeal or claim JSA. But they will not make you claim JSA. Only you can make the JSA claim.

[Slatted]

As far as I'm aware, they don't do this. If you don't meet the criteria, they can stop your money. You then appeal or claim JSA. But they will not make you claim JSA. Only you can make the JSA claim.

 

That was what I thought too. They may stop ESA benefit but I have never known anyone to be automatically put onto JSA as you have to prove you are available for work etc