Self-employment & ESA claim

Are all self-employed people made to suffer unfair and terrible hardship if they make an ESA claim?

These are my questions:

1. Why am I not entitled to an ESA award above NICs?
2. Why is it not clear that ESA is a means-tested benefit and a self-employed disabled person is not entitled to receive it if their partner earns an income above £60 per week?

I was diagnosed with advanced cervical cancer in October 2010. The chemo and radiotherapy treatment was very gruelling. It ended on 1 February 2011. I had five weekly sessions of intravenous cisplatin from that ended in mid-January. I had concurrent daily radiotherapy treatment until 1 February. I also had four sessions of brachytherapy in February as an in-patient.

My current Statement of Fitness to Work runs from 29.11.2011 to 30.6.2011.
I made an ESA teleclaim on 21.2.2011, when I was well enough to raise my head from the pillow. Jobcentre Plus is giving me a terrible time because I am self-employed. I run a training business with my partner. We have no employees.
On 15.3.2011 I sent a B16 form to Jobcentre Plus, declaring my company’s business income and expenditure.
On 1.4.2011 my claim was ‘withdrawn’, not by me but by Jobcentre Plus because they claimed I should pay myself Statutory Sick Pay. My claim was re-instated when my business accountant certified that there is no money in the business to pay me SSP. Jobcentre Plus was also sent business bank statements. I have had no income for months. My partner had to refuse work for several months to look after me. We have no savings, only debts. We live in a rented home. Our business, which was set up in May 2010, is on the edge of insolvency.
On 26.5.2011, I made one of many calls to check the progress of my claim. The call centre operator said she couldn’t understand why my claim hadn’t been processed already. I told her I am in desperate poverty at this stage. We have no money to pay our rent. We have a Council Tax summons and have to borrow money from my son to put fuel in the car. My case was referred to the "Urgent Team" for a decision in 48 hours.
On 31.5.2011, I was asked by Jobcentre Plus if I wanted to claim contributions-based instead of income-based Employment and Support Allowance. I asked for clarification about the difference with income-based. I was told that my partner must be earning less than £60 per week for me to qualify for means-tested income-based ESA. I confirmed agreement to change claim to contribution-based since my partner earns more than this weekly amount.

On 10.6.2011, I called Jobcentre Plus again to check progress. I was asked to confirm that my claim was now contributions- based, which I did.

On 11.6.2011, I received an ESA50 form to complete which must be returned by 26.7.2011.

On 13.6.2011 (today) I phoned Jobcentre Plus to ask what benefit I can expect while a final decision is made about my claim. I was told that I am entitled to nothing apart from National Insurance contributions. I have no entitlement to any other payment because I own my own business and I have claimed contributions-based ESA. I was almost speechless with shock at this news. I told the call centre operator that this had not been explained to me at any point when I asked for an explanation about the difference between income-based and contributions-based ESA. He said, “But you own your own business.” I told him I am bed-ridden and cannot work in my business. I have no money and face eviction from my home. He is now sending me the ‘income form’ so that I can say how much (actually how little) my partner earns.

I asked if I would receive Job Seeker’s Allowance now if I could work. He said that I’m entitled to JSA. I told him that it’s a nightmare and a con.

At that point I was so distressed that I had to end the call. I cried for ages. I’m made to feel like a worthless thief by the system because I’m sick and can’t work. I can’t even sit! I am severely penalised because I nominally have a business. I wouldn’t be facing these problems if I was a straightforward employee. How can I sort out this nightmare??!!!

Many thanks Gordon.

I'm very pleased to report that I was given wrong information yesterday by Jobcentre Plus. I am entitled to £67.50 per week following initial assessment, backdated to November 2010. I am now completing my ESA50.

I'm still recovering from the distress caused by yesterday's mis-information but at least I've got the correct information now. And they're making a payment at last!

Thank you for being there for me. I can't tell you what a difference it makes to know I can get sensible, sound information.

As you advise, always get the name of the Jobcentre person you are speaking to and keep a written note of the conversation. It really matters!