Hi, my name Jane — Scope | Disability forum
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Hi, my name Jane

Babbs
Babbs Member Posts: 2
Hello, my daughter has CP due to prem birth.
 I had an accident at work a year ago, I have been medically dismissed.
 Also just been turned down for ESA, although my GP has just signed another unfit for work cert for another month.
DWP want me to sign on to JSA, which i feel is committing fraud  as i'm unfit for work. The meds i'm on make me spaced out and unable to drive ect. I'm not able to hoist, dress ect my daughter due to pain.
Have had enough of fighting for everything for my daughter, not enough energy to fight this as well :(

Comments

  • Chris_Alumni
    Chris_Alumni Scope alumni Posts: 689 Pioneering
    Hi @babbs, welcome to the community. I've moved your post to our 'ask a benefits advisor' section, where you me be able to get some advice.
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi Babbs,

    If you've just had your first refusal of ESA, then it is worth requesting a mandatory reconsideration (asking the DWP to look at it again). Do this as soon as you can. Don't be 'fobbed off' by a conversation with them, insist on getting a written notice of mandatory reconsideration.

    In the meantime, it definitely isn't fraud to claim JSA. You can tell the Jobcentre about the fit note and explain that you need to restrict your work availability and work search due to your condition. Make it clear that there are jobs you wouldn't be able to do, and that because you care for your daughter, there's a limit on your hours and how far you can travel, too.

    Even though you can't hoist and dress your daughter you may still be caring for her for more than 35 hours a week. If she is on DLA care component (high or middle rate) or PIP daily living component (any rate) you could claim Carer's Allowance and Income Support instead of JSA. 

    If the mandatory reconsideration of your ESA isn't successful you might want to consider appealing. However, before you do that, I would have a think about whether you can claim IS instead. Even if you can't do all the things for your daughter that you used to do, I'm sure you still spend a lot of time caring for her.

    You could also consider whether you can claim PIP for yourself. If you claim Housing Benefit and/or Council Tax Reduction, remember to keep the council informed of all the benefits you're claiming. And do post back here to tell us more or ask further questions. We're here to do as much as we can to help.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Babbs
    Babbs Member Posts: 2
    Many thanks, i have a meeting tomorrow with JSA. I'll let you know how i get on.

  • Alex
    Alex Scope Posts: 1,305 Pioneering
    Hi @Babbs
    How did the meeting go?

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