ive been told ive got few mounths to get work on esa contribution based had to give up work volantary. ive gone for interviews no reply .one of them was this weekend cashier in arcade only sesonal trouble is i have to stop esa. and i might never get it back if dont find job.if i get this one.can i go back on it im so restrickted i now have oastoarthritas as well in neck and ra all over body feel so fatigued. also only get low care. husband works but still finding it hard.but getting a job is so hard i can only do tills but with people able bodied what chance have i got does anyone now if i can go back on contrbution based if i get seasonal job.any advise would be helpfull. pleaseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

Sorry Lorraine , i don't quite understand ..who has told you you have only a few months to get work?
If you are too ill to work even if in the work related group .. you have to make efforts to make yourself employable , but cannot be forced (at the moment) to take work you are too ill to do !

EDIT ... i am wondering that "They" might mean that at the moment there are plans afoot to make ESA contribution based for only a year from April next year.If on 1st April 2012 you have already had one year of ESA (Contribution based) then you will immediately be transferred to Income based ( and savings and partners income taken into account)

Can you give me until tomorrow to look into the Linking rules , to double check ... as you should be protected for 12 weeks i think ... ie you go straight back on ESA at the rate you were on ..i have to double check a few things though :)
How ever if you feel they are telling you that you HAVE to get a job or your benefits will be cut, when you are not well enough to work then put in a complaint to the DWP, as they are wrong.

Rich :)

Hi Lorraine ,
i have just edited post above but will add it here again ...

It is on the cards that will happen in April 2012 , and there are those of us who are campaigning against this... Dont worry about that til it happens , but bear in mind it probably will but not until April 2012.

If they are telling you that you have to get work now , or have inferred that the ruling exists now then i would put in a complaint or go to CAB and ask them to help . I would also ask to speak to a CAB Social Policy Coordinator there as they would be very interested.

AGAIN .. IT IS NOT A GOVERNMENT RULING .. BUT WILL PROBABLY COME IN AS LEGISLATION IN APRIL 2012.And the full details haven't been thrashed out yet.

I hope this puts your mind to rest now , all you have to do at the moment is attend any Work Focussed Interviews and do stuff that makes you more employable .

This could also be of use to you ....(what questions a prospective employer can ask and at what stage in the recruitment process...Recruitment questions- Direct Gov

Also look at this ....Direct Gov -Disabled people's pages.

Rich

i am still looking into the linking rules ( as there seems to be conflicting info on the DWP decision Makers guide with regard the work having to be permanent ..ie not seasonal), how long have you been on ESA in total ... and how long will the job last ? and how many hours a week will it be ?

Sorry for all the Q's but they are all relevant .. might be an idea to go to an advice centre anyhow and talk it through with them :)

and that supermarket might have been operating outside legislation when asking for health details prior to shortlisting/ job offer .. but not really something you can bring up at interview ...

another thing to look for is the two ticks symbol ... Disability symbol.. .. employers that have the mark have signed up to be disability friendly .

Rich X

Hi Lorraine ,

it looks like because you would have given up the job due to it's seasonal nature not because you were too ill, the Linking rules would not apply . You would probably find a fight with the DWP to prove that you were too ill to work the day after the seasonal work ended if you tried to state that you were too ill to work at that time.

On the other hand , if you took a permanent job and then had to give up due to ill health .. because you have had over 13 weeks on ESA (and been found to have Limited Capability for Work) then you would be covered by the linking rules for 104 weeks and go back at the same rate as when you started work . (although JCP have argued this in many cases)

If you do get a job it is an idea to claim Working Tax Credit with the disability element even if your income means you do not qualify , as this is one of the possible conditions on being able to link the claim.

The basics of Linking are on this link under the heading finding full time work Disability Alliance.. although they are far more complex .. but please note the sentence ..."on the same rate or terms as before if you stopped work due to your health. "

Sorry this is not the answer you wanted .. but does arm you with a little more info for the future ... also bear in mind if you do not accept an offered job , at present there should be no sanctions etc

Rich :)

EDIT- PLEASE NOTE FOR OTHERS READING -THIS APPLIES TO ESA ONLY .. ANYONE ON INCAPACITY BENEFIT CAN NO LONGER USE THE LINKING RULES UNTIL THEY ARE MIGRATED TO ESA