JSA v ESA

[marie-n-mush]

Hi everyone, Just wondering if anyone could help? I was taken off ESA in March after I failed at my appeal. My GP will not sign me fit for work as I have a number of complaints that in fact makes me unable to work. I then had to claim JSA which took 7 weeks to sort out for me to get my 1st payment. While I was waiting and having no money at all I got very depressed and tried to kill myself twice. My daughter therefore asked my estranged husband to come and stay with us to make sure while she was out on her course of which he jumped at the chance as he'd been staying at a friends. My GP gave me another sick note stating that my condition had deteriated so I applied again for ESA as JSA wouldn't pay me while I was sick. Now I've had a call stating that my ESA has been awarded but before any payments can be made I must have a compliance officer vist.So my question is does anyone know What they do? What they look at? Then what happens after they have been? Thanks in advance for your advice in this matter

[Carneucopia]

It does seem strange to have a Compliance visit for an ESA claim. Usually just the fact that you have a sick note from your GP should be enough.
So my guess is that they will be looking for signs of co-habitation if your ex is still there. He will no doubt have his own seperate income from either benefits or work. So the DWP would be looking for any sign that you are living togther again as a couple.
If so you need to satisfy them by showing evidence of these things -

Seperate bedrooms.

Seperate finances - including sharing or individual/ seperate liability for household bills.

Seperate arrangements for shopping/cooking/meals/laundry.

Seperate living rooms where at all possible. Or where not possible if your ex has a TV/computer in his own room that could help to show that you don't need to share living space.

Having to share bathroom/kitchen can be acceptable, but most importantly in your case is to emphasise the fact that you could be at risk if left on your own. Having someone else in the house on a shared basis is essential because with no-one there you could be at risk of self harm.

[marie-n-mush]

Thank you so much for your help. I virtually live in my bedroom and he is in the front room where his bed and tv are. He has stored his clothes in a spare cupboard which is situated in the passage and what he hasn't hung up is in the drawer under his bed. He has his own food cupboard and a shelf in the fridge. Do you think this will help too? I don't even like him that much but he's here for my daughter's peace of mind.

[wobble1]

I totally agree with what has been said, only to add that having your estranged husband living with is clearly what has prompted the visit.
It is hard to give advice about a straight forward question to benefit issues whilst being aware of more complicated emotional issues also involved. In your case the two have become linked and getting a good balance between your financial needs and your daughters peace of mind is a tricky one.
All the best

[Duncan]

Thank you so much for your help. I virtually live in my bedroom and he is in the front room where his bed and tv are. He has stored his clothes in a spare cupboard which is situated in the passage and what he hasn't hung up is in the drawer under his bed. He has his own food cupboard and a shelf in the fridge. Do you think this will help too? I don't even like him that much but he's here for my daughter's peace of mind.

Have you applied for Disability Living Allowance as I think you would get that benefit. The compliance office seeing the living arrangements should be satisfied you and your ex do not live as husband and wife any more.

[marie-n-mush]

Hi Duncan, I was taken off DLA last March as according to the adjudication officer I was no longer entitled to either mobility or care even though I have been self harming for a number of years. I did ask for them to have another look and the result came back the same, I also appealled and again it was not awarded. My GP suggested that I waited a couple of months and apply again of which I did, he even gave me a letter to include with my application stating my current mental state including all the times i'd self harmed and my other illnesses but I still was turned down.

As for my ex-husband I can't stand him and I am only putting up with being within my home for my daughters peace of mind while she does her course which is finished in 3 weeks so then he will have no excuse to stay. Thank god

[Stepheninleeds]

You may need some advise (CAB os the such) on this. Did you appeal the loss of DLA? Duncan is usually right on these things.

[marie-n-mush]

I did the 1st DLA but not the subsequent others, In total I applied 3 times from march 2011 til jan 2012, I do have a new application to fill out however i'm waiting on the outcome of my ESA claim. In the past 14 month my benefits have been mucked about including my housing benefit. What really gets to me is that I was honest enough to tell the dss that my ex husband had come to stay unlike other people that both work and have partners and say they can't work and live alone and I feel as though i'm being penialised for this to the stage that a may aswell end it all

[marie-n-mush]

Hi, Just thought i'd let you know that the compilance officer has been, however he brought the wrong form to fill in so he will be calling back on mon morn and has said it will take another wk b4 I hear anything about my claim.

[Stepheninleeds]

I think you have said this in other Threads, but there is so much going on with you alone, & then with others. it is hard to keep up, lol. What a mess. Being honest has its price, sadly. Of course there are limits on benefits, but when we often tell them something it can mess everything up rather than clarify things.

He does not carry spare forms?