AIBU to think that you can't be "too ill to work" but at the same time be receiving Job Seekers Allowance ?

[15stonelighter]

Surely if you're too ill to work (apparently experiencing several hard to verify complaints) then you would not be eligible for Job Seekers Allowance.

Do you not have to sign some sort of declaration of fitness to work (to be eligible for JSA) so then you can't ignore/turn down work opportunties because you're too ill to actually work ?

I'm not benefits bashing, I'm just trying to ensure someone isn't being exploited financially.

There are out of work benefits for those who can't work but it is a very long and difficult process to be found unfit to work. So what would be the better option? Claiming something or claiming nothing?

The rights and wrongs of the benefit system are irrelevant here.

OP you'd be better posting in relationships about splitting up in those circumstances,rather than aibu.

It is still possible to get ‘New Style JSA’ which is not means tested, but it only lasts around 6 months.
Even if the spouse works it could still be possible that he is getting a payment of Universal Credit.
Unless he is telling the Jobcentre he is so ill that he cannot do any work he would normally be accepted as being capable of work.

Contribution based JSA (which is now claimed as New Style JSA) is only paid for 6 months. If this person has been claiming for longer than that and their spouse works they can’t claim it.

I call bullshit on this nasty thread.

I claimed JSA in March 2020 and did not have to look for work because of Covid, so when you say "before" and that Covid may have been a factor in not needing to attend interviews, it is likely.

My benefits knowledge is a bit rusty but if she's earning quite well, then how is he claiming JSA on his own anyway?

Their spouse however is on medication for high blood presssure and depression but manages to drag themselves out of bed daily and work in a reasonably well paid but stressful job. They have to in order to keep the family afloat financially although they do tend to crawl into bed of an evening and ignore housework in order have sufficient mental energy reserves for a full week of work.

You know quite some details about this friend's daily life.

So what are you asking, OP?
The person who says they're too ill to work can still be on legacy benefits and claiming JSA. They only need to show their work coach evidence of looking for work up to 35 hours a week (I think I could be wrong) to still qualify. Depending in the work coach, the evidence can be checked more throughly or not.

If this person is on Universal credit and they made their claim by stating they have illness which makes them too ill to work, then they have to provide fit notes from the doctor. After sometime, they will undergo an assessment to determine if they are fit for work (expected to look for work immediately) or for some time of work (not expected to work immediately but will be at some point in the future and will be doing things to get ready) or unfit for work (not expected to work). It can be a lengthy process and it's quite a thorough process for those in the system.

If they didn't state that they are ill with UC, then they're expected to look for work immediately.

Do you have to ‘jump through hoops’ to get this allowance?
DD was made redundant a couple of years ago. She filled in an online form and then when for interviews. She did it on her own and it didn’t appear too onerous.

Contribution-based JSA is based on your National Insurance records and not means-tested.

This may help OP,

www.gov.uk/guidance/new-style-jobseekers-allowance

www.gov.uk/incapacity-benefit

The way the government treat ill and disabled people, I have no problem with them doing what they have to to survive.

Humiliating fit for work assessments, downright lies told, bonuses for workers who turn down disabled people's claims and treating ill people like criminals. The ill persons doctors being genuinely disgusted that they are being told they are fit for work. Then the person has to wait weeks and weeks to go to appeal and have it overturned by a tribunal, (all the while having no money coming in).

I would never have believed it had I not seen it with my own eyes! The person is likely claiming jsa due to having no choice OP.

This

@PenanceAdair

"You know quite some details about this friend's daily life" We have been friends a very long time and our homes are just stone's throw away from each other plus I am currently helping out by popping round to tackle a bit of housework for them each week as my friend is knackered (menopause isn't helping) and their spouse apparently prefers getting up at lunchtime then sitting around watching TV all day rather than doing any cleaning.

I suspect that he is getting ESA already, not JSA, because JSA would have ended after 6 months.

I also think that you should give up on this line of enquiry. Family court does not base its decisions on gotcha questions and legal 'traps', and pursuing this argument in court would make your friend look bad, not to mention implicate her in ongoing benefit fraud if they did for some reason take it seriously. Leave the Rumpole roleplaying well alone.

OP, If he is receiving ESA the DWP will probably have contacted the GP or healthcare professional to obtain medical evidence when they submitted the claim. The information is then sent to the DWP as part of the claim process.

It's perfectly possible to have a temporary reason not to work eg covid or post surgery.

It is also possible to be fit for some work but not all eg if you are epileptic and temporarily lose your driving licence after a fit then they can't expect you to apply for jobs that include driving.

Friend's spouse is definitely receiving JSA, it's the second time they've claimed. They received it for a period of 6 months a year or so back too.

What galls me is that she let slip that her GP has actually issued her with sick notes in order to take time off from work whilst they sort out the right type and dose of anti-depressant medication to help her cope. Due to her spouse claiming to be ill (but not on any medication at all) and only contributing £77/week JSA to family funds, she absolutely cannot afford to go off sick for a month from work.

She is not complicit in her spouse's benefit fraud. She can't control whether they actually look for a job or not and neither of us know enough about the claim eligilibity criteria to know if the spouse is actually in breach of the rules.
It's just the conflict of claiming JSA whilst at the same time stating that they are actually too ill to work (or to do more than the bare minimum to help in the home).

I love Mumsnet but for benefit advice it’s rubbish. Most posters ‘advise’ despite being clueless- I don’t know why they do it.

Look at eligibility criteria on gov.uk instead.

Your friend should know if the partner is actually too ill or not. If not, then report the partner so they can be made to look for work if found to not actually be too ill to work. If your friend knows and isn't reporting, then yes your friend is enabling the partner to commit benefit fraud.

But if the partner eventually starts working, then your friend can take some time off to recover from her own illness. Being a martyr here won't help her get better. It will only do the opposite.