Worried for my partner - Benefits and Job Searching

hcam221

My partner quit his role as a support worker in mid-2021 (partly due to terrible treatment he received from management regarding his health) and since then has been trying to look for work that suits his capability and skills.

He has suffered with CFS/ME and chronic pain for approximately 6 years, and the last year and a half has been particularly difficult for him with a lot of flare-ups and using more aids for his knees and back on a regular basis. His family are pressuring him to get a job, but aren't 100% understanding that he can't just walk into a 40-hour physical job in retail or hospitality at the drop of a hat because he physically couldn't do that and has said as much. My primary worry at the moment is that he is really anxious and reluctant to go to JobCentrePlus to get benefits and help from them, as the last time he was on Universal Credit, he was threatened with sanctions and withdrawal of all his money by his job coach's colleagues who wanted to force him into tasks he was physically incapable of committing to. His job coach while he was there, was actually helpful during their appointments, but couldn't necessarily support him when there are only so many job opportunities out there for a chronic pain/fatigue sufferer who can't commit to a full-time job, or a physically demanding job.

What is the best means of supporting my partner with looking to get benefits that can support him financially, but without receiving the same discriminating punishments he used to get last time? He doesn't want to go through the stress and anxiety of being at the beck and call of a service that can threaten him like that.

(In my experience, some job coaches have had next to no awareness of invisible illnesses and disabilities, and provided me with no help in my actual job searching back in 2017 when I was acutely ill due to my own chronic illness.)

poppy123456

If he’s paid the correct amount of NI contributions in tax years April 2019 to March 2021 then he can claim New Style ESA. He will need a fit note from his GP to be able to claim this. 

https://www.gov.uk/guidance/new-style-employment-and-support-allowance

If he hasn’t then the only other benefit will be Universal Credit. If you live together then you’ll need to claim as a couple. Whether there’s any entitlement will depend on your joint circumstances. He should report his Heath condition and send in fit notes to start the work capability assessment process off. 

Do be aware that when claiming UC you’re classed as a job seeker until a decision on the work capability assessment says otherwise.
Use a benefits calculator to check entitlement. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=38fbd650-786c-4b53-a1aa-3587e6c073a2

He also look at claiming PIP. It’s not means tested so other income doesn’t affect the amount you’re entitled to. There’s information in the links regarding this.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

https://pipinfo.net/

Alex_Alumni

Hello and welcome @hcam221 and thanks for explaining everything in your post for us. 

Close-minded attitudes around invisible illness and disabilities can be very difficult to deal with sometimes, as it can feel like there's very little consideration of what's possible with flexible working or reasonable adjustments.

One way to challenge anyone pushing for physically demanding roles, is to be aware of what support is available within work (and when applying for benefits), to request this support, and to find professional advice if needed. AdviceLocal is a great place to search.

Citizens Advice have information about the duty of organisation's to make reasonable adjustments for disabled people. By law, an employer must consider making reasonable adjustments if they are requested or a disabled employee is having difficulty in their job, and must make changes if they are reasonable. 

It might be helpful for your partner to have a look at Scope's Support to Work programme if they are eligible, and you can always talk things through with the Scope Helpline, if you'd prefer speaking to someone

If there's anything we can support you with further please do say, and keep us updated with how you get on.

It's clear you're a very supportive partner already, but if you also need support with anything, please ask.

Alex

hcam221

Hi both - thanks for your help. As someone that used to work in HR admin, I understand about making reasonable adjustments in the workplace and the ins and outs of the Equality Act, but on a practical level, its very difficult to legally prove when an employer or service is directly or indirectly discriminating against someone for their disability. Even in previous workplaces, I've had several managerial colleagues say 'off the record' that they want to get rid of someone because their illness or disability makes them an unreliable worker (even if its through no fault of their own.)

My partner has just been assigned a Support to Work Programme advisor over the phone, so he's looking forward to any help he can get directly from Scope!

I will look into ESA, PIP and what the current UC eligibility is for him and raise it with him if he feels comfortable.

I think the pandemic has also shone a cruel light on a lot of people's dismissive opinions of disabled and vulnerable folks.

poppy123456

Also to add, if he claims both ESA and UC at the same time the ESA will be deducted in full from any UC entitlement.

Alex_Alumni

Indeed @hcam221, the word 'reasonable' is perhaps the biggest issue with reasonable adjustments, as it can be interpreted so differently by different people, it's very frustrating. 

I'm really glad to hear your partner has been assigned an adviser, and I hope the programme can help support him moving forward

I think what you suggest regarding benefits is a good plan, and I'm glad that we've been able to support you on the community, if anything else comes up then please continue to use the forum, and we'll do what we can to help. 

And certainly, there are plenty of statistics out there that confirm the bigger negative impact on disabled people during the pandemic. It shouldn't be happening, but I'm hopeful that we can continue to highlight what's happening, and fight for change.