# Can a social Welfare officer deem you fit for work



## Tipptop (13 Sep 2012)

My wife had major surgery earlier in the year and as a result was let go of her job. She had switched jobs 3 months before was on probationary period, she didn't know about the surgery operation and I guess they were afraid that she was going to be a liability.

As a couple we were surviving on her wages and when they disappeared we were desperate and she was unable to go back to work after a major operation. We went to the social welfare officer with all out bank details, bills, accounts, credit card bills (not a pretty sight). I was self employed so I had an accountants letter showing no income for the past year.

And we were granted 6 months supplementary benefit which was great we could do the shopping and pay something towards out bills. Now the 6 months have elapsed and we went to see the social welfare officer who was adamant that that was a special once off payment for 6 months and we would have to go on job seekers allowance.

Now my wife has a letter from her doctor saying she not able to go back to work and also a letter from a professor who says she not able to go back to work. She always exhausted and still gets pain as a result of the operation. we were informed that the only way we can get assistance is by getting getting job seekers allowance which means the doctor needs to sign a final cert that she's able to go back to work.

So she has been forced by the social Welfare officer to try to go back to work and now its going to take 8-10 weeks to get anything sorted or any form a payment to live on.

Anyone any advice what we can do at the moment we're practically penniless and the  social Welfare officer has refused to help us.


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## STEINER (13 Sep 2012)

Hi there.

Just a few thoughts on your issues...

Did you check out the legalities of your wife being let go?

I don't understand why the welfare officer is insisting on your wife applying for JA.  As she is unavailable for work she wouldn't get it if she stated her unavailability on the app form.

You need money to live.  If your wife went through the motions and applied for JA, pending a decision on that, you should be eligible for supplementary welfare allowance, it is currently €310.80 pw for a couple.

Get any reasons for refusal in writing.  You can ask for review and/or appeal.


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## Tipptop (13 Sep 2012)

STEINER said:


> Hi there.
> 
> Just a few thoughts on your issues...
> 
> Did you check out the legalities of your wife being let go?



She was under the 12 months time frame



STEINER said:


> I don't understand why the welfare officer is insisting on your wife applying for JA.  As she is unavailable for work she wouldn't get it if she stated her unavailability on the app form.



We got a supplementary welfare allowance for 6 months and was adamant that was all we were entitled and to receive anymore we had to apply for Job Seekers, meaning she had to get a final cert or else we were in limbo nothing from the social welfare and nothing from Job seekers



STEINER said:


> You need money to live.  If your wife went through the motions and applied for JA, pending a decision on that, you should be eligible for supplementary welfare allowance, it is currently €310.80 pw for a couple.



Apparently were are not



STEINER said:


> Get any reasons for refusal in writing.  You can ask for review and/or appeal.



If we called back down tomorrow and looked for the reason's in writing it would help. I know the reason is because I was self employed and the business still hasn't officially closed (Need money for an account to do so).

Thanks


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## Mrs Vimes (13 Sep 2012)

Tipptop said:


> Now the 6 months have elapsed and we went to see the social welfare officer who was adamant that that was a special once off payment for 6 months and *we *would have to go on job seekers allowance.




Self employed people are entitled to apply for jobseekers allowance (which is meanstested).

If  you are not earning (or not earning much) from your business then you  can apply for jobseekers allowance yourself, assuming you are trying to  get more work in for the business. There is no need to shut it down.

Also, is there a reason your wife cannot apply for disability allowance? 

Is this what the CWO was trying to tell you?


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## Tentman (7 Oct 2012)

@Tipptop, is there any way your wife will qualify for Illness Benefit. Is her previous work record (prsi contributions) a reasonably long one? The Social Welfare Officer you mention is most likely a Community Welfare Officer. They can approve Supplementary Welfare Allowance only as a short-term payment. That is the reason you have been advised to apply for Jobseekers. The CWO cannot make a medical decision, but SWA is designed to tide you over until you apply for one of the DSFA income support schemes. Have a good look at www.welfare.ie and/or www.citizensinformation.ie for the info that will enable you to decide your best option.


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## gipimann (10 Oct 2012)

Just to clarify a comment in the post above:

SWA may be payable subject to a means test, and meeting other qualifying criteria, while awaiting another SW claim.  

SWA Officer decisions on fitness for work are made following receipt of a medical certificate or a form completed by the customer's GP/Consultant.  If the GP/Consultant states that the customer is available for light work, then they are eligible to claim Jobseeker's Allowance and the SWA Officer must refer them to make a claim.

The OP did not clarify whether his wife ever made an illness benefit claim, which would have been the first SW claim to make at the commencement of the illness.


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## Marigold77 (10 Oct 2012)

Please, can you go to your nearest Citixens' Info branch with all the paperwork...They tend to have answers to these things.

Also, can you go over the head of the welfare person to their Supervisor. You can find this online.

Your situation is not right, simply. CWOs can be hard and also can be wrong.


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## partnership (12 Oct 2012)

If you are not working and your business is in effect wound up then can I ask why you have not applied for jobseekers allowance yourself?  You mentioned something about winding up the business.  I am not familiar with self-employment but surely you just deregister, declare yourself available for work, register with Solas(Fas) etc and go out and look for work or are you trying to hang on to your business?


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## Mrs Vimes (22 Oct 2012)

There is no need to deregister as self-employed in order to claim jsa.


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