Not being paid sick pay

mrsBot

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 

Pippa_Alumni

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.

mrsBot

Thank you 

poppy123456

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.

mrsBot

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 

poppy123456

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.

poppy123456

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.