Husband turned down for ESA again - British Liver Trust

British Liver Trust

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Husband turned down for ESA again

Adelou profile image
15 Replies

Advice needed

Husband has been turned down again for ESA while recovering from liver transplant which he had in May

They say he doesn't have enough national insurance contributions due to him being out of work for 3 years prior to his transplant.

Any advice of what we do next?

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Adelou profile image
Adelou
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15 Replies

Hi,

Have you contacted your local Citizens Advice Branch? They can offer a wide range of advice and support. Here is the link;

citizensadvice.org.uk/

Best wishes

Trust1

grace111 profile image
grace111

I hope that you get someone with knowledge of this problem.

You need to apply for income based esa. Go to a welfare advisor at citizens advice, a law centre or if you are a housing association tenant your housing association. Good luck

in reply to

It may be universal credit in your area however. They should tell you.

Adelou profile image
Adelou in reply to

I doubt he would get that as he wasn't able to get job seekers 2 years ago because o work more than 24hrs a week even though the claim is only for him

AyrshireK profile image
AyrshireK in reply toAdelou

As others have suggested contact Citizens Advice Bureau or your local council Welfare Rights Officer. They should sit down with you and assess your situation to ascertain what you might be eligible to apply for and help with applications - if you work more than 24 hours a week that will almost definitely impact on hubbies claim. UC is possibly an option but you need to sit down with someone who will look at your incomings, outgoings, working hours etc. etc. to see exactly what you can apply for.

My hubby is on Income Related ESA and as I am self-employed I have to submit regular timesheets and income/expenditure paperwork which is taken into account.

Does hubby still need care, mobility support etc. Personal Independence Payment might be an option to get a little bit of income - it isn't means tested.

Get support from CAB or similar and they will see you right.

Katie

LAJ123 profile image
LAJ123

Hi,

There is a very effective support group for anyone having problems with the Department of Work and Pensions.

However, to join the group, there is a fee of £19.99.

Here is a link.

Jim

benefitsandwork.co.uk/join-us

Adelou profile image
Adelou in reply toLAJ123

Thanks Jim

Universal credit is different to jsa as it replaces esa and a lot of others. Reapply.

Divg profile image
Divg

Speaking to CAB are probably your best bet (or your transplant units social worker if they have one).

If your partner hasn't worked for the last 3 years they won't be eligible for contribution based ESA, and if you live together and you work more than 24 hours/week he won't be eligible for income based ESA either (means tested benefits tend to be a household claim rather than each person). It might be worth doing a benefits calculator online which would tell you what you're likely entitled to and take it from there. Turn2us and entitledto both have ones that the gov website recommend.

mrsmerlin profile image
mrsmerlin

Hi

Sorry to hear about the problems you're having.

I just checked on the government website and it doesn't look as though it's true. In fact I know somebody who has been unemployed for over 20 years and still gets it.

Check

gov.uk/employment-support-a...

These people are great to contact for help.

Benefits and Work

benefitsandwork.co.uk

Good luck

Rita xx

Adelou profile image
Adelou in reply tomrsmerlin

This is the annoying thing, we have family members who haven't worked a day in their life, yet still get lots of benefits

Although he is making good recovery & is quite independent he can't work until next May as he is still easily fatigued as he had muscle wastage before the transplant, has aches & pains in hands & legs which we have been told is from coming off the steroids

As a chef it would be against health & safety for him to go back to work before he is ready

Did he pay any national insurance in the 3 years prior to this? Even though he is not entitled to get any money, he should continue to claim ESA so that he gets credits to protect his retirement pension entitlement. Unfortunately, all of the income based benefits are based on the situation of the family unit. He could try claiming PIP which is not contribution or income based.

freddie76 profile image
freddie76

Hi for the 3 years he was ill pre transplant did he not claim. If he did his ni should have been kept up to date.

Adelou profile image
Adelou in reply tofreddie76

He did claim got turned down for jobseekers, got turned down for esa the first time round as he didn't score enough points on medical assessment as he could lift an empty cardboard box..

asked for mandatory review, still a no, went to tribunal appeal who upheld original decision, then in April of this year as he was doing his lung capacity test for his liver transplant assessment he received a phone call to tell him his esa had expired.

So who knows

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