Claiming ESA for the first time

Wobblylife

Hi guys,

Bit of a complicated one.

My wife has been out of work since 2023 as a fulltime carer looking after our 10 year old daughter who has a load of complex mental health needs. Social Worker involved, fam support worker, loads of professionals, recent Child protection conference so there are lots going to be happening this year to help my daughter.

I had to leave the family home for a few weeks "alligations" but I am back home now fulltime.

My daughter gets middle rate DLA, my wife gets carers allowance for my daughter and UC. I work fulltime for the NHS.

Because of the recent Child Protection Conference LADO have got involved with my work. Nobody has mentioned about me losing my job but and I work with adults but we could be under a CP plan for upto 2 years the SW thinks we may step down to a child in need plan at the next 3 month review.

I recently found out that being on a child protection plan could affect my job/lose my job I don't know yet it depends how HR want to proceed as been off sick supporting my wife as this would be down on my DBS check under other information.

If the worst happens I wouldn't be able to work with Vulnerable ppl (not great is it the best advice they can give to get better support for our complex daughter and I could lose my job over it)

Because of her complex needs it's needed 2 of us to support her if we are both unemployed I would find it difficult to return to work anytime soon due to her sleep patterns she can be awake all night, goes to bed at 7/8/9 am sometimes it's later afternoon.

Could we both get ESA payments because of the home life situation?. The GP and SW could support us in written evidance of the home life difficulties regarding working life.

Or would the job centre just say one of you has to look for work no matter what?

It would put me if anyone in a really difficult situation looking for future work if reality is me losing the NHS job of 17 years and the flexibility I had around my daughter.

Who would you speak to about the difficulties?

poppy123456

You mention your wife claims Universal Credit but if you’re living together as a couple then you should both be claiming this as a couple. Entitlement would be based on your joint circumstances. As a carer your wife will not have any work commitments. However only one person can claim carers allowance or carers element of UC for looking after the same person so you won’t be able to claim that. This would mean you will be treated as a job seeker. 

ESA is for those unable to work due to health conditions. Not being able to work because of your daughters health will not mean you can claim ESA. 

Wobblylife

Hi,

Yes we both get UC but I work so they take all that into account.

I would have to get a sicknote from the GP. Upon losing my job mentally I wouldn't be in a fit state to look for work at least for the short term.

My daughters needs are complex so getting a note from the GP wouldn't be an issue.

with my wife being a carer could I claim the ESA side of it?

I know our claim would change in the sense I wouldn't be working. I'm probably getting a bit too far ahead in terms of my employement but need to be prepared a little bit in the event I lose my job

poppy123456

You can claim New style ESA if you have the correct NI contributions from working in the previous 2 tax years but the ESA is deducted in full from any UC entitlement. However, what you can't do is give a fit note or claim it based on your daughter's needs. 

You can also report your health condition to UC and provide a fit note, if you finish work but the same applies here, you can't give a fit note based on your daughter's needs.