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going back on sick
- intrested
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10 years 3 months ago - 10 years 3 months ago #116308 by intrested
going back on sick was created by intrested
hi again sorry to be a bother,some months ago my son signed of sick to go into training thinking he would be well enough while on course his condition got the better of him and he had to take time off due to sickness,but due to time he took off there was no way he would be able to complete course with succes so they advised him to leave untill which time his condition allowed him to start a new course.so now he has no means of income and doctor has adviced he go back on the sick,but he cant as he has brocken ths twelve week cut of.
But here is another spanner when he was trned down for transfer from incapacity to esa he was turned down but appealed and that was over a year ago and he has just got a date for appeal now even though he no longer on benefits he does not know were to turn now.Any advice would be appreciated.
thank you
But here is another spanner when he was trned down for transfer from incapacity to esa he was turned down but appealed and that was over a year ago and he has just got a date for appeal now even though he no longer on benefits he does not know were to turn now.Any advice would be appreciated.
thank you
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago #116311 by Gordon
You son will still be able to apply for Income Related ESA is he can meet the means test of household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
There is every reason for him to pursue his appeal, if successful he will receive back payments of at least the WRAG rate from when his IB stopped until the date he closed his claim, also, whilst not directly usable it will give him some idea of whether he will qualify for ESA on any new claim and should give him some indication of why. which may be helpful in completing a new ESA50.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic going back on sick
intrested wrote: hi again sorry to be a bother,some months ago my son signed of sick to go into training thinking he would be well enough while on course his condition got the better of him and he had to take time off due to sickness,but due to time he took off there was no way he would be able to complete course with succes so they advised him to leave untill which time his condition allowed him to start a new course.so now he has no means of income and doctor has adviced he go back on the sick,but he cant as he has brocken ths twelve week cut of.
But here is another spanner when he was trned down for transfer from incapacity to esa he was turned down but appealed and that was over a year ago and he has just got a date for appeal now even though he no longer on benefits he does not know were to turn now.Any advice would be appreciated.
thank you
You son will still be able to apply for Income Related ESA is he can meet the means test of household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
There is every reason for him to pursue his appeal, if successful he will receive back payments of at least the WRAG rate from when his IB stopped until the date he closed his claim, also, whilst not directly usable it will give him some idea of whether he will qualify for ESA on any new claim and should give him some indication of why. which may be helpful in completing a new ESA50.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 3 months ago - 10 years 3 months ago #116313 by intrested
Replied by intrested on topic going back on sick
Thank you for that , my son is living with myself and husband now as you know I am receipt of esa and dla but my husband works full time so would they take my husbands wage into consideration in my sons claim he is over 25. ? Thank you
Last edit: 10 years 3 months ago by Gordon.
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10 years 3 months ago #116314 by Gordon
You should not be considered as being part of your sons "household" and therefore your income should have no effect on his eligibility for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic going back on sick
intrested wrote: Thank you for that , my son is living with myself and husband now as you know I am receipt of esa and dla but my husband works full time so would they take my husbands wage into consideration in my sons claim he is over 25. ? Thank you
You should not be considered as being part of your sons "household" and therefore your income should have no effect on his eligibility for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: intrested
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10 years 3 months ago #116316 by intrested
Replied by intrested on topic going back on sick
Thank you once again your site is a god send I used the advice you gave to some one else on the site , as you know I got transfered to support group from sda with your help but up to today had not received any money , my daughter phoned number on my letters and it seems my. Sda claim had been closed down to early as my esa doesnt. start till feb7 , so as I said before to every one please take advice from the good people on here .thank you again
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