Appealing to Tribunal Service
Q. I was claiming Employment and Support Allowance, but missed an appointment for my medical assessment. I explained in my mandatory reconsideration that I had got my dates mixed up and I thought it was the next day, but they stopped my claim. What I can do now?
A. The mandatory reconsideration that you completed was stage one of the appeals process, you can appeal further by completing an SSCS1 form and sending it to the Tribunal Service. During this appeals process you would have the option of claiming Jobseekers Allowance, or Universal Credit in full service areas. You could make a further application for Employment and Support Allowance, but it would not be paid until you attended a medical assessment unless you have a new or a worsened condition; in practice this could mean a few months without payment. If your appeal is successful then your Employment and Support Allowance would be reinstated and you would be given a date for a new medical assessment.
Q. My wife is out of work due to ill health. She has applied for Employment and Support Allowance, but was told that she hadn’t paid sufficient National Insurance Contributions and that my wages were too high for her to be paid while I was working. She is really struggling with her mental health at the minute, is there anything else that she could claim?
A. Employment and Support Allowance is paid in two ways and it sounds as though your wife has been assessed for both. The first is Contributions Based Employment and Support Allowance which can be paid if the claimant has paid sufficient National Insurance Contributions; the second way is means tested and can only be paid if your household income is under a certain threshold – for most couples this is £114.85 per week (after a £10 earnings disregard). If your wages are above that amount then your household income will be considered too high for Income Related Employment and Support Allowance to be payable. Your wife could still consider an application for Personal Independence Payment as this is not means tested and does not consider your household income or whether or not you are in or out of work. Personal Independence Payment is paid based on a person’s personal care and / or mobility. Your wife must have had the difficulties for at least 3 months and they must be expected to last for a further 9 months (there is an exception for people who are terminally ill). The Personal Independence Payment assessment considers day to day activities such as getting washed, dressed, making meals and dealing with medication as well as getting around outdoors and it assesses whether the claimant is able to do these things independently or with an aid or appliance to help.