Employment and Support Allowance (ESA)
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Not being paid sick pay

mrsBotmrsBot Member Posts: 3 Listener
Hi I’m looking for advice on sick pay , I have been off work 4 year and I’ve not had a penny for 3 year due to dwp saying I am fit for work , then I applied for pip twice got scored 6 points and got refused , fought it all the way to the court and still didn’t get it , I suffer from fibromyalgia, very high blood pressure and now having my heart checked out , my husband works and it’s been my family that have helped me out but it’s getting me down worrying about money has anyone got any advice please on what I can do ? I’m currently still employed but hear nothing from my employer due to me saying I’m unfit to go back to work 

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @mrsBot, and a warm welcome to the community!

    Thanks for sharing this with us, and sorry to hear that the situation's getting you down. We have some great members and advisors here on the community who I'm sure will be in touch soon and able to offer some guidance.

    In the meantime, this SSP page on the gov.uk site may be worth a read to give you an idea of your rights.
  • mrsBotmrsBot Member Posts: 3 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Unfortunately, as you were found for work then you won't be entitled to ESA. Did you ask for the MR then Tribunal if that failed? If you didn't when was the decision made on the ESA?

    As you live with a partner that works then they are expected to support you. Does your partner claim tax credits? do you child dependent children at home?

    For PIP,  it's not about a diagnosis, it's how those conditions affect your ability to carry out daily activities based on the PIP descriptors. As you took it all the way to Tribunal and were still refused then starting another claim using the same evidence you previously used won't help a decision go in your favour. You'll need help and advice from either your local welfare rights or law centre, if you decide to start another claim.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • mrsBotmrsBot Member Posts: 3 Listener
    Yes I took it to court and was 2 points short , my partner didn’t clam anything he works , and I would be putting down different evidence as my condition has worsened since I last claimed but thank you for your advice 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can't claim Income related ESA if your partner works more than 24 hours per week. To be able to claim contributions based ESA then you will need to have worked and paid enough National Insurance contributions in the previous 2 tax years. If you haven't worked for longer than this then you won't qualify for ESA.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You may qualify for some Universal credit but because this is a means tested benefit then you'll have to claim with your partner as a couple. What you could claim through this will depend how much your partner earns each month.

    If you or your partner claims tax credit then this will then change to UC.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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