If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

My wife isn't capable of working full time, but has been told she must find a job. Any advice?

Options
Nezzer1968
Nezzer1968 Community member Posts: 3 Listener
Hi, my wife is on high level pip and I claim carers allowance.
She currently works 7 hours per week of which I assist her in.
We claim Universal credit and they have just moved her onto the four week rule that she must find a job full time or face sanctions.
At the initial Universal credit interview we were told ESA no longer exists.
What should we do as she is not capable of working full time due to her numerous health conditions? 
Regards
Neil.
Tagged:

Comments

  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,561 Disability Gamechanger
    Options
    Hello @Nezzer1968 and welcome to the forum. Thanks for reaching out with your question. I've tagged your post as unanswered so that our members can advise you. Can I ask, who told you that ESA no longer exists?

    If anything comes up in the meantime, please don't hesitate to ask for help if you need it.

    Alex
    Online Community Coordinator
    Scope

    Concerned about another member's safety or wellbeing? Flag your concerns with us.

    Want to give us feedback? Complete our feedback form now.
  • Nezzer1968
    Nezzer1968 Community member Posts: 3 Listener
    edited February 2022
    Options
    The work coach at the job centre, we were told UC had replaced all old benifits.
     
    Thanks for the reply 

  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,561 Disability Gamechanger
    edited February 2022
    Options
    Thanks for explaining @Nezzer1968 that's very helpful :)

    Can you tell me if you or your wife have talked with the work coach about a work capability assessment? You can read more about that on the Scope website here

    You can also read more about Universal Credit here, hopefully that will help with getting to grips with things.

    The Gov.uk website also outlines things clearly:

    Universal Credit is replacing the following benefits:

    • Child Tax Credit
    • Housing Benefit
    • Income Support
    • income-based Jobseeker’s Allowance (JSA)
    • income-related Employment and Support Allowance (ESA)
    • Working Tax Credit
    Do let me know if there's anything specific you'd like help with, or are unsure about.
    Online Community Coordinator
    Scope

    Concerned about another member's safety or wellbeing? Flag your concerns with us.

    Want to give us feedback? Complete our feedback form now.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Options
    Hi there 

    You should report her medical condition as a change in circumstances and provide fit notes 

    This will prompt the work capability process and a decision will be made on if she is fit for work if found not fit she won't be subject to work commitments 

    The process is similar to pip process as in a form then an assessment bit he aware the process is taking up to 10 months 

    New style esa is only available to those who have paid the required ni contributions in the 2 0rev tax years.  So if she has only worked 7 hours likely she would not be eligible 

    If you do the work capability process and she is awarded lcwra there is additional payment of uc of £343 per month 


  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
    Options
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Nezzer1968
    Nezzer1968 Community member Posts: 3 Listener
    Options
    Thanks for the replies, her contributions won't meet the criteria but the gov website states there are no minimum hours of work required if your classed as a disabled worker or care for a disabled. Is anyone aware if that's the case and that she is being mislead by the work coach.
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Options
    That is correct there 8s no work requirement like I quoted above bit to be classed as disabled worker for uc she needs to go through the process as above 

    Getting pip doesn't count as seperate benefit with different criteria and lots 9f people who claim pip work 
  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
    Options
    As advised, she will need to report a health condition under "report a change" then get a fit note from her GP. About 29 days after this she should be referred for the work capability assessment. Unless she's found to have either LCW or LCWRA then she could be expected to look for more work.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
    Options
    You have no work requirements because you care for her.

    She is not a carer and is treated as a JobSeeker unless she is found to have Limited Capability for Work. To do this she has to have a Work Capability Assessment as described by previous posters.

    From your opening post it sounds as if you raised her health issues early on in the UC claim and the Work Coach should have informed her about the possibility of providing fit notes and being assessed. If I've understood that correctly you may wish to raise a complaint.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Poli80
    Poli80 Community member Posts: 17 Connected
    Options
    Hi @Nezzer1968

    Not sure where this work coach taken the info about ESA not existing from.

    There are 3 types of ESA

    * New Style ESA
    * Contribution based ESA
    * Income Related ESA

    And ESA is included in the UC, PIP is not .

    The New Style and Contribution based ESA you have to have paid NI contributions , but not for Income related which I presume your wife is entitled to. And as mentioned above raise this matter with said work coach , but I'd get a witness for it and if he/she doesn't help make a formal complaint. I get they have had introduced new rules about the 4 weeks dead line, but they still should be helpful towards everyone and their specific needs. Ask them for work capability assessment and get sick notes for your wife asap from your gp , you can get them backdated too if needed. hope this helps a little. 
  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
    Options
    Poli80 said:
    Hi @Nezzer1968

    Not sure where this work coach taken the info about ESA not existing from.

    There are 3 types of ESA

    * New Style ESA
    * Contribution based ESA
    * Income Related ESA


    The New Style and Contribution based ESA you have to have paid NI contributions , but not for Income related which I presume your wife is entitled to. 
    That’s is not correct. As previously advised it is no longer possible to claim the old income related ESA. UC has replaced it.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
    Options
    Nor is is it possibility to claim contribution based ESA because it has been replaced by new style ESA.

    Nor is ESA included within UC. They are different albeit the Work Capability Assessment for both is the same.

    Existing claimants of contribution based or income based ESA will continue to receive it until required to change to UC.

    So yes three types of ESA exist but that is irrelevant for new claimants.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
    Options
    Not sure why a witness would be needed either.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Tori_Scope
    Tori_Scope Scope Posts: 12,499 Disability Gamechanger
    Options
    I'm sorry to hear about this situation @Nezzer1968, as I can imagine it'd be quite distressing for you both. Have the above replies helped, in terms of understanding how to seek a work capability assessment? Please do let us know if there's anything you're still unclear on.

    I also hope that the replies have helped you to understand this a bit further @Poli80 :) You can read a little more about this on the Turn2Us website.

    National Campaigns Officer at Scope, she/her

  • Poli80
    Poli80 Community member Posts: 17 Connected
    Options
    Hi 
    @poppy123456 and @calcotti my apologies for the misunderstanding.
    I got it mixed up with legacy benefits 🙈 silly me.

    @Nezzer1968 please disregard my mentioning of ESA being included in UC. You can apply for new style ESA separately along UC claim. You'd need fit note from your gp for your wife and gather all her medical letters regarding her disability as this may be helpful. All the lovely ppl above have fab replies for you. 

    As it comes for the witness @poppy123456 if life taught me anything it's better to have a "back up" as not all job centre advisors/coaches are as helpful as they should/could be I'm afraid. From my own experience and advises from professionals such as my local JC manager it's better to be safe than sorry.

    @Tori_Scope thank you. I'm on legacy benefits and unfortunately due to my pain and tiredness yesterday I mixed it all up together 🙈 sorry about that. 
    X
  • poppy123456
    poppy123456 Community member Posts: 57,180 Disability Gamechanger
    Options
    New style ESA is a contributions based only benefit and claiming this will depend on NI contributions in the previous 2 tax years. Claiming this will not make you financially better off because it's deducted in full from any UC entitlement.
    I still don't see the need for a witness in this case.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
    Options
    Poli80 said:
    Hi 
    @poppy123456 and @calcotti my apologies for the misunderstanding.
    I got it mixed up with legacy benefits 🙈 silly me.
    The whole benefits system is incredibly confused at the moment because there are effectively two different benefit systems running in parallel and worst of all when switching from legacy benefits to UC/new style benefits what a claimant gets on the new benefits can be hugely impacted by exactly how they make the switch. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.