Need help, not sure where to start

[sirbob10]

Hi. I just have a question regarding ESA. My husband had spinal surgery in October and has been on ESA since the end of September. He has received a letter saying he has to attend a medical on the 13th February but thats the day he is due back to work and all being well he will go back that day. Do I ring and tell them that he is back to work that day and they should cancel the appointment for the medical?

 

Many Thanks

[antone]

No, just leave things as they are. If all goes well and he goes back to work on the 13th, call on Friday 10th to close the claim, effective 13/2/12. If there are further problems and he's not able to return to work, he should attend the medical as scheduled.

[sirbob10]

My husband is due to return to work on the 13th Feb. He's been off since last March and had neck surgery in October. Since the surgery he has been having dizzy spells and they can happen any time. My husband hasn't driven since last March. He was called into the doctors today and he has said he has to make a recommendation to the DVLA that my husband doesn't drive. His blood pressure was 200/130 which he is also receiving treatment for. This is the only way he can get to work as where we live our bus service doesn't start early enough for him to get to work and also it takes 2 hours each way. My husband is starting to get worried incase they sack him for the time he has had off. He has a meeting in 2 weeks for a medical as he is claiming ESA and was wondering if there is any way they can assist him in getting to/from work. I know its a long shot but he really wants to get back.

[Nystagmite]

Your husband needs to contact Access to work. Can his work assist him in getting to and from work?

[sirbob10]

Hi

 

I'm looking for some advise as my husband has his ESA medical on Thursday.

 

My husband had spinal surgery in October last year. The surgery seems to have worked but his surgeon thinks a nerve was damaged during the surgery. This results in dizzy spells and since the surgery he has blacked out 5 times.

 

The only thing I'm worried about is that although the surgery cured the problem and he can do everything normally the blackouts can occur any time without warning. We are waiting for another appointment from the surgeon and in the meantime my husband has been asked not to drive which he hasn't anyway.

 

Do you think the person carrying out the medical will just fail him and say he must return to work or would they carry on paying ESA until he gets the all clear from the surgeon. The decision to return to work isn't really his as Occupational Health say until he has the all clear he is unable to return to work.

 

He also suffers from severe high blood pressure (around 210/165) which he is also taking tablets for.

[Nystagmite]

Do you think the person carrying out the medical will just fail him and say he must return to work or would they carry on paying ESA until he gets the all clear from the surgeon.

 

It doesn't matter what his surgeon says.

[honeybee13]

Hello there.

 

Leemack did an excellent sticky about how to answer the 'medical' questions. It's worth a read.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals%281-Viewing%29-nbsp

 

Even if your OH doesn't get the points this time, you can appeal. Good luck with it though.

 

My best HB

[sirbob10]

Hi. I just looking for a bit of advice.

 

My husband is on ESA (CB) and we receive council tax benefit and Tax Credits (not working Tax Credits). Due to the decrease in our incomings since my husband has been off sick we have experienced financial problems as 2 weeks before he fell ill my husband got a new car which we pay £455 a month for. We have paid this for a year but its now a serious struggle but due to the negative equity we are stuck with it.

 

Yesterday my in-laws offered us £10,000 to either sell the car, pay the £5000 negative equity and use £3000 as a deposit on a new car and use the remaining £2000 to pay my dad after he lent us some money.

 

What I'm wanting to know is would this affect the benefits we have. I'm not sure if it would be classed as savings or not as we would be spending the money straight away.

 

Any help would be appreciated.

[SKJP]

This isn't a definitive answer, so don't take it as red, but I'd always recommend erring on the side of caution and declaring any unusual/large amounts of money received.

[Nystagmite]

As above. If you're unsure, tell them anyway. They'd rather you did that than not declare it and get into trouble.

 

Contributions based benefits aren't affected. With tax credits, it's taxable income over £300 PA.

[antone]

Agree with SKJP that you should err on the side of caution and declare any large sum of money - the last thing you need is for anyone to suggest you were trying to hide it. But that said:

 

Your husband's ESA© will not be affected at all, as savings and capital are not considered for the contribution-based benefit. I'm not so sure about Tax Credits, but my understanding is that CTC is also not affected by capital.

 

So that leaves council tax benefit, which is means tested and so is potentially affected by capital. As to spending it in the way you describe, there's no hard and fast rule. The concept is known as "deprivation of capital", and each case is looked at on its merits. We can't say for sure what a council decision maker would think.

[johnvernon74]

I would write to HB, ESA and tax credit tell them that you have been £10,000 (is it a gift or loan??) and tell them what you have done with it.

 

You have used it to pay debts and therefore there will be no capital. You might get HB and TAx credits suspended while its re-calculated however, you are doing nothing wrong with clearing the debt.

 

Could your in-laws not pay your dad the debt directly?

 

I don't think the money will cause any issues - but best to declare

[sirbob10]

I won't know if its a loan or a gift until tomorrow. Does this make a difference? I don't get HB only CT Benefit although I pay £15.00 per month and I shall ring Tax Credits on Tuesday to see if it affects my CTC. Reading the direct.gov website it won't affect mt ESA (CB) only if it was IB.

 

Thanks for your replies.

[Nystagmite]

You have used it to pay debts and therefore there will be no capital. You might get HB and TAx credits suspended while its re-calculated however, you are doing nothing wrong with clearing the debt.

 

That depends - if it's paying off a big chunk, it may be classed as deprivation. If it's the minimum repayment, it's not deprivation.

[id6052]

why don't you ask the in-laws to pay off the debt, repay the loan and pay deposit directly - in that way you do not receive any money

[sirbob10]

I'm in need of some advise asap.

 

From last September 2011 - June 2012 my husband has been on CB ESA. He returned to work on 11th June as he thought he was getting better as he hadn't blacked out for 6 weeks with the new medication the doctor gave him but last Thursday he blacked out 3 times in 1 day and its happens roughly twice a day now.

 

What I need to know is to re-claim ESA do we have to start the process all over again or can you do a rapid re-claim. I know this is possible with JSA but I'm not certain with ESA.

 

Many Thanks.

Joanne

[Nystagmite]

f you’ve previously claimed ESA and you’re claiming again, you may be able to link your claims together. This may mean you can return to the same rate of benefit without having to go through the assessment phase again. For example, if you were in the main phase of ESA, you can go straight back into it and get ESA at your previous rate. If you had already been through part of the assessment phase, you can link your claims and enter the main phase of ESA more quickly.

The linking rules may apply to you if:

You last claimed ESA less than 12 weeks ago.

You had limited capability for work of more than 13 weeks and then began training (approved by the Department for Work and Pensions) or work within a month. You must reclaim within two years of the end of your previous claim.

You started training within eight weeks of ending an ESA claim, and you have limited capability for work on the day after you finish training. You must reclaim within two years of the end of your previous claim.

Your ESA claim stopped because you began working more than 16 hours a week, but you then needed to stop working and claim ESA again. This applies if you were entitled to the disability element of Working Tax Credit, or would have been if your income had not been too high. Your new period of limited capability for work must begin on the day after you finish work, and you must reclaim within two years of the end of your previous ESA claim.

You may be able to link your claims for contributory ESA if:

You previously claimed as a young person but you’re now over the qualifying age. Your previous claim must have ended because you went into work or training.

You previously claimed based on your National Insurance contribution conditions. You won’t need to satisfy the contribution conditions for your new claim.

 

Rapid reclaim

 

If you reclaim ESA within 26 weeks of your previous claim and there have been no major changes in your circumstances, ask Jobcentre Plus about rapid reclaim. You may be able to restart your claim by going through a shorter claiming procedure.

 

Source - http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/ESA-claims.aspx

 

Hope this helps!

[sirbob10]

I'm looking for a little help.

 

My husband received Contribution Based ESA from September 2011 to June 2012. He returned to work in June but is still unwell and has a stage 3 meeting at work next week as he has been off work again with the same problem. He suffers random blackouts since spinal surgery last October.

 

What I am wanting to know is if he is dismissed due to his health would we be entitled to IB ESA as I know he won't get CB ESA as he hasn't been back to work long enough to have paid enough NI contributions. At the moment I work 24.5 hours per week and my take home pay is £670pcm.

 

Thanks

[sillygirl1]

Go to http://www.entitledto.com and check.

[flumps1976]

As you currently work over 24 hours per week there will not be any entitlemt to Income Related ESA sorry.

If you use the calculator posted above by sillygirl1 then you may have some entitlemt to tax credits, housing benefit, council tax benefit and has your partner made a claim for DLA?

There may be the remaining entitlememt to Contribution based ESA still depending on which tax tears they are currently using.

 

The current rate of Income Realted ESA is £111.45 per week, and your wage is £670pcm which equals £154.62 per week and with the £20 disregard that would still exceed Income Related ESA at the start of the claim but after he had been assessed for the medical and he was entitled to the WRAG/Support premium which would bring you in by a very low amount if award the WRAG component and slightly more for the support component.

[sirbob10]

Hi

 

I'm looking for some advise as not sure where to turn.

 

Due to ill health my husband lost his job 3 weeks ago. He had been on ESA CB for the maximum time allowed so returned to work in June but as he was still unwell and with no prognosis they dismissed him.

 

I called Tax Credits and advised of the changes. I am paying back an overpayment at 25% per week and asked if this could be reduced as I only work part time and bring home £670 after deductions.

 

I called them yesterday but they have denied my request to reduce this. We have 3 children under 14, I bring home £670 per month, I get £118 per week in tax credits and working tax credits and £188 per 4 weeks in child benefit. As I have a mortgage I'm not entitled to any help but do get Council Tax benefit.

 

The money we are bringing in just isn't enough to survive as after we have paid mortgage, gas, electric and water along with travel to and from work I am struggling to do food shopping. I'm also told I can't even get free school meals.

 

Any help would be much appreciated.

[honeybee13]

Hello there. I'm sorry to hear you're having tough times.

 

I hope someone will be along with advice for you, but not many people here seem to know about tax credits, yours truly included.

 

Have you spoken to the CAB locally at all? They are often good on benefit matters and may have a Welfare Rights person you could talk to.

 

My best, HB

[sirbob10]

Hi

 

Please could I hae some advise.

 

My husband went onto ESA CB in Sept 2011 due to having spinal surgery. He returned to work in June 2012 and signed off ESA.

 

Since his surgery in Oct 2011 he suffers blackouts and has had some minor accidents when he has blacked out.

 

I know he was still unwell when he returned to work but as his illness was causing a lot of depression and a suicide attempt we both felt he needed something to focus on.

 

His employer promised to help and make some adjustments to help him back.

 

In Sept 2012 they dismissed him due to the illness as he had no prognosis. They never made the changes he was promised.

 

He re-claimed ESA CB but this will run out in Jan 2013 as he has reached the limit. What I am wanting to know is will the condition he has now make him able to switch to a support group. He has just been awarded DLA also.

 

We are unable to claim ESA IB as I work 24 hours per week.

 

Any help would be much appreciated.

[reallymadwoman]

He will only be put in the support group if he meets one of the criteria. You will find the criteria here:- http://www.legislation.gov.uk/uksi/2011/228/schedule/2/made.

[down'n'out]

Hello,

 

Since his surgery in Oct 2011 he suffers blackouts..........

 

Can you get medical evidence?

Blackouts can be a risk to physical health (accidents)

 

ESA regulation 35:-

 

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

http://www.legislation.gov.uk/uksi/2008/794/regulation/35/made