Incapacity Benefit

[chinadog]

My daughter has Asperger Syndrome high level and was doing an arts course at uni but that only lasted for 5 months as she found the course too hard even with a one to one helper. She was passing out due to low blood pressure caused by the work load so she had to leave. She has been getting IB while looking for a job somewhere quiet but all she;ve been offered is call centres or noisy supermarkets. She had a letter today saying her IB is being stopped as she dont fit the criteria. They know she works in a charity shop 3 days a week so she's not lazy. Any advice please? Thank you.

[bednobs]

hiya, if she doesn't fit the criteria, she doesn't fit i'm afraid, and they wont change the criteria for her. - i presume it has something to do with not having enough NI contributions or something like that?

anyway, perhaps she could try one of the things she has been offered just to see, and then if its unsuitable stop. She cant just reject things because she thinks they wont suit - how will she know unless she tries?
I'm not a doctor, but did she see one about the low bp? it seems quite unusual that high work load causes low bp,

[THECORBYLOON]

If yir daughter has been getting IB she must have failed the PCA test. She would have been telt how many points she has and if she thinks that decision is wrong she can appeal against it.

She can claim Jobseeker's Allowance (JSA) now that she has been found fit for work and she will be able to use the jobpoints there to look for vacancies. You can also look on Jobseekers Direct here, http://jobseekers.direct.gov.uk/homepage.aspx? sessionid=569d55b4-97b0-4c16-a0be-22c1bdb71ccf

[Scarlett]

They are now making it much harder for people to claim IB and will only allow you to claim with a doctor's note. If she is fit and healthy physically, they will consider her fit enough to be working. Has she tried doing an easier course? I teach many students with Aspergers and they have coped well at 1st Diploma level, and some have also done the National Diploma. I agree that finding what suits is the key, but that is the key for everyone! How about approaching various jobs and offer to do a week's work experience, and if she likes it, it may lead to something more permanent. You have to be the one with the initiative as in my experience, there are rarely any interesting jobs advertised in the Job Centre. Write some letters to some interesting places that are maybe art-based. How about galleries, museums, arts centres or charities?

[chinadog]

bednobs,thanks so much

for replying. My girl has tried working in Tesco but she could'nt handle the noise and large building. Low blood pressure CAN be triggered ny stress but there's no medication for it.

[chinadog]

THE CORBYLOON, thanks for the link. My girl rang them yesterday and was advised to claim Employment Support Allowance. This replaces Incapacity Benefit as that ceased in October 2008. News to us. Her advisor at the Jobcentre is applying for her to attend a 6 week work training course in January. Much obliged.

[chinadog]

Scarlett, Its not the physical side of thing,.more the mental. She's high functioning Asperger so very brainy and gained her 1st Diploma and National but that was in a small college. When she went on to uni, although she was given one to one help she found the course too difficult and used to pass out. She could'nt handle the noise of the other students and had to eat alone to be away fromthe noise. She's written to 3 small bookshops,no reply. Both my hubby and me have phoned small offices but all they said was they'd put her on their books.

[Scarlett]

Have you asked the bookshops for work experience? They may not have any actual vacancies, but may leap at the chance of getting some free help for a bit.

[THECORBYLOON]

chinadog I work for Jobcentre Plus and know the new ESA came into effect from October. I don't know all the ins and outs about ESA but it's for those folk who cannot work because of illness or disability. I am not saying that the advice yir daughter was given was wrong but a few things seem at odds. Firstly, yir daughter failed the PCA so she IS capable of work.

Secondly, under the IB rules, when a person claims IB within six months of failing a PCA, it will be allowed only if there is a worsening of the same incapacity OR if there is a different incapacity.

Thirdly, if a person claims ESA within eight weeks of a previous claim for IB, the two claims link and the claim would not be treated as a claim for IB and not ESA.

Luckily I know folk who are processing claims for ESA AND who used to process claims for IB so if anyone can help me, they'll be the ones to ask.

I'll speak to them on Monday and let you know what they say okay?

[chinadog]

,TCL You know what? I was looking at that ESA last night online and said to my hubby,it seems pretty much the same as IB. When my girl applied for Jobseekers Allowance (thanks to you) over the phone,she was halfway through giving her details then I had to to take over as per and the man said she would be better off putting in a claim for ESA and re directed me. All her details were given and she will have to wait 6 weeks to see if she's eligable and get a sick note etc. Im wondering now if the Jobcentre man got it wrong? My girl will still need 15 points for ESA. Should she get back onto JS CORBY? Thanks so much for your help,its much appreciated.

[chinadog]

Scarlett, She works 3 days a week in Scope charity shop,sorting the clothes,steaming them,putting price tags on etc and enjoys that. I never thought of something like an arts centre or library so thanks for that. CB

[THECORBYLOON]

ESA is a new benefit and it is still being tweaked around the edges even now. I will speak to ma colleagues to-morrow and see what they say. When it was just IB It was common for folk to fail the PCA and then claim JSA because they had been found capable of work. The new test for ESA is more strict (it looks at what a person is capable of doing rather than what they can't) so if you've failed the PCA it's not likely the new test will be passed.

This isn't the sort of situation that happens once in a blue moon so there should be guidance as to what should be done even if it's only in the training material we get. I'll let you know what they tell me.

[THECORBYLOON]

I've spoken to the folk who process the new ESA claims. Without prompting, they said the same as me. If someone claims ESA within eight weeks of a previous IB claim, it would be treated as a claim for IB. As yir daughter has been found to be capable of work, any claim made within eight weeks will also be disallowed unless the condition has worsened or is different.

The claim she needs to make is Jobseeker's Allowance and while I think about it, she should also ask for the claim to be backdated to the date she rang up and was telt to claim ESA as otherwise she may lose out on benefit.

If you haven't done so already, (if yir daughter agrees) make sure it is noted that you have yir daughter's consent to discuss her claim wi the DWP, that way there will be no confusion about what was said.

Let me know how you get on.

[chinadog]

Thanks so much TCL,. I had a feeling it was wrong about the ESA when I looked online as I said. I'll get my daughter to put in a claim for Jobseekers Allowance and ask then to backdate it as you've advised. I'll probably end up speaking for her so I'll make sure I get everything right. I cant thank you enough for your help and yeh I'll keep you informed. Thanks again Corby. xx

[THECORBYLOON]

Not a problem, glad to help out.

[chinadog]

TCL. My girl had a copy today of everything she and I told the man at ESA. Also enclosed was a claim for Income Support to be completed and returned a.s.a.p. It looks like she can't get the ESA so they're thinking about Income Support instead? You can mail me if it's easier than scrolling through. [email protected] Much appreciated. Chinadog.

[Prudentia]

I think that I should qualify for incapacity benefit, I don't have enough room in my little cottage for all my stuff!!

[MUMPING]

This is THECORBYLOON I e-mailed you the other day but you have not replied, did you get it?