ESA

I would be grateful for some advice, my wife receives contractual ESA benefit, she has been awaiting an assessment since last June, her benefit is due to run out in May this year, she has been told, today that when her benefit runs out she willl not receive any payment until she has been assessed, my wife suffere from Parkinsons Disease and has broken bones in her foot due to failed surgery 2 years ago, she has been unable to work due to a combination of these and other illnesses, her employer is now taking action to dismiss her from her post on the grounds of ill health, if she is dismissed on how this will affect her EAS benefit if she is dismissed before her benefit runs out in May and afte May, when her benefit will end. Does she have any rights in regard to her impending dismissal.

Many thanks

Hi Wal and welcome to the forum. On the assumption that you are also new to the site, this link should help you to find your way around.

Welcome to Benefits and Work


I'm sorry that you and your wife are going through this. I'm afraid that I don't have much good news for you

It is a fallacy that employers cannot terminate the contract of someone who suffers from an illness or disability. As long as things are done properly it is entirely possible to be dismissed on the grounds of (lack of) capability. Your wife's union should oversee this process and ensure that everything is done as it should be. This will not have any effect on the ESA claim - other than providing another report to back up her claim.

Contributory ESA is now time-limited to 365 days for all claimants except those in the Support Group. If your wife has not received a decision, or has had a decision of other than 'Support Group' status, her ESa payments will cease in May as expected. DWP are supposed to write and notify claimants of this in advance but often fail to do so. As assessments are taking so long, it is not unusual for the claimant to be still waiting after the 365 days and, therefore, for payments to cease.

It is difficult to do anything to speed up the process. You can certainly complain to DWP and/or ATOS. Sometimes the claimant's MP can step in and get things moving.

Complaining to ATOS Healthcare

Complaining to the DWP

Contacting your MP

If you are not earning, or are working for less than 24 hours per week, and have savings under £16000 then your wife might be able to claim income-related ESA (this would be based on your joint income and assets). If you think this might be the case you should contact DWP and ask for an ESA3 form so that your financial situation can be assessed.

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You should also have a look at a website such as turn2us to see if there is anything else you can claim.

www.turn2us.org.uk/

When your wife is finally assessed and a decision made, if she is allocated to the WRAG she would be paid the difference between the assessment rate and the WRAG rate from the beginning of week 14 until the end of payment. If she should be allocated to the Support Group, the difference would be paid and payment would continue beyond the 365 days. If the worst should happen and she is found 'fit for work' please come back and we will talk you through the reconsideration and appeal process (you could also appeal the 'WRAG' decision if that is what happens).

I'm afraid that there is a lot for you to take in here. If/when you have further questions please reply to this post and we will do our best to help. You will find it easily in future if you bookmar/favourite it on your web browser now