Disability Allowance declined - What Next

T

traceyoh

Registered User
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Hi There,

I am hoping that someone might be able to offer some advice on our situation. My husband has not worked since 2008, as a result of a traumatic incident is his place of work (the company closed soon after as a result of this). My husband went straight onto Jobseekers benefit, but we soon realised that he was suffering from depression. He then went onto illness benefit, and was seeing a counsellor, who stated that my husband was suffering from post traumatic stress. He was on Illness benefit until May of last year, when he was then told to apply for Disability Allowance, or some other options (which I cannot remember off the top of my head)

My husband (who still suffers with depression) applied for Disability Allowance, and was told it would take a very long time to process. In the meantime, he was told that we as a family (2 children under 5) were not entitled to any sort of supplementary welfare. My income is approx 500 per week after tax (I work full time). So we have been struggling along on this amount since May of last year (paying interest only on the mortgage, and using credit card to pay for doctors/utility bills etc).

My husband went into the Social Welfare offices last week, as he still had not heard anything back regarding his claim. He was told by a man in there that his claim was declined a few months ago. He never received any letter to inform him of this. He was told that he could now try reapply for Illness benefit, and they would send him out forms to complete.

What I would like to know is what are my husbands other options now? It has been absolutely soul destroying for him to not have been able to contribute financially to the household in any way shape or form for the past 8/9 months, and I am not sure whether he is up to fighting with the social welfare system. Is there anyone out there who maybe has had a similar experience. If my husband decides not to reapply for Illness benefit, but maybe apply for a course/CE scheme instead, is this allowed?

Also, does anyone know if we are entitled to anything (as a family), ie medical cards/FIS etc? I work full time.

I appreciate any advice you can give.

Thanks!!
 
You should be able to get a small FIS payment on the above figures, approx 60 Euro. Depending on how much your housing costs are, you may be eligible for a medical card. Apply and see, but be prepared for a long wait for either FIS or a medical card.

I'm not sure why someone would apply for Disability Allowance when they had an entitlement to Illness Benefit, usually the progression would be to apply for Invalidity Pension. However, regardless, it is unlikely that your husband will now have the stamps to re-qualify for Illness Benefit.

If he doesn't feel that he can take on an appeal, and if he does not re-qualify for Illness Benefit, one option he has is for Jobseekers Allowance. He would of course have to be capable of work, but given that his Disability Allowance has been refused, they should be persuaded of this without too much problem. They may however put his jobseeking efforts under scrutiny to make sure that he is actually looking for work.

Jobseekers Allowance is means tested, and with your income as above, he would have a reduced payment. He would receive a JObseekers payment of approx 70 Euro on top of your FIS (your FIS in these circumstances would be reduced to approx 30 Euro).

On a Jobseekers payment, there are also other options opened up after certain stages. Once he establishes an entitlement to a payment, he would be eligible for FAS courses, and Springboard courses. After 3 months he may be eligible for an internship. After 3 or 9 months (depending on the level of course) he can apply for Back to Education Allowance. After 12 months he can apply for CE.

Without being on a payment himself most of the above courses/schemes are not available. Some of them are available if he was signing for credits (internship/springboard), but he would have to be available for work to do this anyway, so he's probably better off getting a Jobseekers payment.

Also, there's nothing stopping him putting in a fresh application for Disability Allowance at a later stage. If you are in receipt of Jobseekers when you apply for Disability Allowance, your Jobseekers can continue while the application is processed and during any subsequent appeal!!!
 
You can apply for both a medical card and FIS which are means tested. There is a medical online application, and I believe FIS is taking around the 20 week mark to be processed at the moment.
 
Thanks Ildanach and Mrmr for your replies. Sorry, I got bit confused. It was an invalidity pension he applied for, and this was after his illness benefit ran out. I will let my hubby know he has options. Thanks again :)
 
Is there something about being able to get jobseekers allowance while waiting for disability allowance to be assessed?
 
Hi - how are stamps calculated for Illness benefit ? Is there a formula that works out what you are entitled to and for how long ?
 
ClaireM said:
Is there something about being able to get jobseekers allowance while waiting for disability allowance to be assessed?
Click to expand...

http://www.welfare.ie/EN/OperationalGuidelines/Pages/ja_jobseekall.aspx#condcapwork

JA Entitlement pending Disability Allowance (DA) Decision
Click to expand...
(a) Where a person applies for DA while in receipt of JA
Where a person applies for DA while in receipt of JA, the JA payment should continue pending the result of the DA claim (including appeal, where applicable).
NOTE:- Disability Allowance may be disallowed on grounds of failing to satisfy the medical eligibility criteria for receipt of DA. This means that the DA section/MR do not declare that the claimant is fit for work, but that s/he has failed to satisfy the MR/Advisor that s/he is not "..substantially restricted...".
In such cases the Deciding Officer should:

  • notify Disability Allowance Section that JA/ JB is in payment and confirm that the person has lodged an application/appeal
  • keep the claim under continuous review to ascertain the result of application/appeal.
When the outcome is known, the DO should;

  • if the application/appeal has been successful, notify the DA section of the amount of JA/ JB that has been paid during the overlapping period so that it will be treated as paid on account of the DA.
  • If the application/appeal has not been successful, continue payment of JA/ JB subject to all conditions being satisfied.
(b) Where a person applies for JA following DA Disallowance

  1. Where the DA disallowance is not under appeal, the claim should be decided in the normal way, with due regard to the requirement to be capable of work, available for full-time work and genuinely seeking employment.
  2. Where the DA disallowance is under appeal, JA is not payable. Persons in this position whose means are insufficient to meet their needs and the needs of their adult or child dependant(s) should be advised to apply for Supplementary Welfare Allowance (SWA).
Click to expand...
 
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