Would this scheme work for me?

Zybyszek wrote: All I want to know is how I've managed to get EESA, as well as if or how I could claim Working Tax Credit, which my friend/volunteer next of kin claims to have done.

I have read the pages you linked to, but I still don't know the answers.

Hi Z,

As previously advised by Gordon, we do not advise on WTC, and I refer you back to his previous post :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=99624#112560

As ESA is an "out of work" benefit, I would be doubtful that this would be possible, also taking into account what Gordon has advised regarding Permitted Work.

If you still think that you can claim WTC whilst also in receipt of ESA, you should seek face to face advice for a definitive answer:

Where to get advice?

bro58

Hi Z,

"All I want to know is how I've managed to get EESA,"

We don't know how and why you were awarded ESA in The SG.

However, it will most certainly be either because you fulfilled at least one of the qualifying SG Functional Descriptors, as below :

SG (LCWRA)Schedule 3 Descriptors

Or under the Exceptional Circumstances Rules under ESA Reg 35 :

ESA Reg 35 for entry to The SG (LCWR)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

There are no other reasons why you would have qualified for The SG.

You could make a written request for The ESA85/ESA85A medical report, whichever is applicable, which may give the reasons why you were placed into The SG. :

ESA medical – what forms to ask for?

bro58

I must point out that, my friend IS now getting EESA, although when he says he was awarded the Working Tax Credits he was getting DLA, as well as some Income Support.

I think that my friend has forgotten to tell me a vital piece of information, which I don't know if I can ever find out from him. Perhaps the only solution would be for me to persuade him to show me all the documents connected with his claim.

I think another possibility is that when he filled in the claim form for Working Tax Credits and took it to the Jobcentre, whoever dealt with it wasn't really paying attention, or was just waiting to get home ASAP, so they overlooked the part of the form where he wrote that he was "claiming Working Tax Credits based on a nil income". I think that would explain it.

I think that another strategy which would work for me is if I could become schizophrenic like my friend. Unfortunately, this may not be a good idea, because of the compulsory medication, medical appointments, etc, but perhaps I could achieve the same result with a milder form of schizophrenia. Who knows?

I think that what I really need to know is can I at least ATTEMPT to do what my friend/volunteer next of kin has done?

What I mean is, can I go to a Jobcentre Plus, fill in a claim form for Working Tax Credits OR any other benefit, where I write that I'm involved in some work based activity? If I did this, would I get my ESA and/or Housing Benefit stopped, or not?

BTW, I notice that it says at the bottom of this topic "PUBLIC WRITE ACCESS DISABLED". I think this means that only moderators can reply. Why is this? I was hoping that I'd get a reply from someone else saying that their circumstances are similar to mine and that they've managed to claim Working Tax Credits.