# Ilness benefit been stopped required to seek job seekers allowance



## MC D (29 Jul 2008)

Looking for some advice here for my wife. The story is that my wife has been on Illness benifit for the past 4 months she was asked to go to the medical assessor which she did , the assesor decided that my wife was not fit for her usual work however she was fit for other categories of work (this can be appealed). The situation is my wife still has a job which she loves to go back to when she is fully fit (they won't let her back intill then as her job involves driving and a lot of lifting people) however part of her contract states that if she were to get a job while on sick it would be a serious breach of her contract and could lead to dismissal so she is just wondering if she signs the Job Seekers form would she be in breach of her contract as she is saying she is available for work. 
Any advice appreciated.


----------



## ClubMan (29 Jul 2008)

*Re: Ilness benifit been stopped required to seek job seekers allowance*

I presume that she is appealing the decision to terminate _IB_?


----------



## Welfarite (29 Jul 2008)

*Re: Ilness benifit been stopped required to seek job seekers allowance*



MC D said:


> however part of her contract states that if she were to get a job while on sick it would be a serious breach of her contract and could lead to dismissal so she is just wondering if she signs the Job Seekers form would she be in breach of her contract as she is saying she is available for work.



As she would be claiming Jobseeker's, she would not be in breach of that part of contratc (i.e . she is not "on sick")


----------



## MC D (29 Jul 2008)

*Re: Ilness benifit been stopped required to seek job seekers allowance*



ClubMan said:


> I presume that she is appealing the decision to terminate _IB_?


 
Yes Clubman


----------



## MC D (29 Jul 2008)

*Re: Ilness benifit been stopped required to seek job seekers allowance*



Welfarite said:


> As she would be claiming Jobseeker's, she would not be in breach of that part of contratc (i.e . she is not "on sick")


 

i understand what your saying welfarnite but if she cliams Jobseekers she would be saying that she was fit for work however if this was the case she would just go back to her own job.


----------



## Welfarite (29 Jul 2008)

Not really.  This from the www.welfare.ie site:

"When a person has been disallowed IB because s/he has been found "capable of work" following an examination by the Medical Assessor, it may be accepted that s/he fulfils the condition of being capable of work - not withstanding any statement by the person that s/he does not consider him/herself to be capable of work. This is so even if the decision of the Medical Assessor is under appeal. JB may be paid pending the result of the appeal. Questions as to whether s/he satisfies the conditions as to availability for and genuinely seeking work are left in abeyance in the interim."

and 

"There is no legislative basis for the payment of JB to a claimant while their IB claim is under appeal. This is an administrative decision to facilitate the claimant appealing the decision."


----------



## ClubMan (29 Jul 2008)

Welfarite said:


> JB may be paid pending the result of the appeal. Questions as to whether s/he satisfies the conditions as to availability for and genuinely seeking work are left in abeyance in the interim."
> 
> and
> 
> "There is no legislative basis for the payment of JB to a claimant while their IB claim is under appeal. This is an administrative decision to facilitate the claimant appealing the decision."


The original poster mentions _Jobseeker's *Allowance*_. Perhaps they actually mean _Jobseeker's *Benefit*_?


----------



## Welfarite (29 Jul 2008)

ClubMan said:


> The original poster mentions _Jobseeker's *Allowance*_. Perhaps they actually mean _Jobseeker's *Benefit*_?


 

I'm guessing so as they were on Illness Benefit which is PRSI based adn conditions of qualification are broadly similar, with tJB linked to the same qualifying period as the IB.


----------



## ClubMan (29 Jul 2008)

Yes - that makes sense but, not for the first time, the original post is not explicit on this issue.


----------



## Welfarite (29 Jul 2008)

ClubMan said:


> Yes - that makes sense but, not for the first time, the original post is not explicit on this issue.


 

I know, I know! They should just rename the schemes "stamps" and "dole".


----------



## MC D (29 Jul 2008)

Sorry Clubman to tell you the truth i don't know wheter its Jobseekers benifit or Jobseekers allowance that my wife has to apply for she got a letter which said, that you may be entitled to job seekers benefit or allowance even if you are appealing against the disallowance of ilness/occupational injury benifit. Its just when you never had to deal with any benifits before (thank god) i find in all slightly confusing


----------



## Welfarite (29 Jul 2008)

MC D said:


> Sorry Clubman to tell you the truth i don't know wheter its Jobseekers benifit or Jobseekers allowance that my wife has to apply for she got a letter which said, that you may be entitled to job seekers benefit or allowance even if you are appealing against the disallowance of ilness/occupational injury benifit. Its just when you never had to deal with any benifits before (thank god) i find in all slightly confusing


 
You're not alone in being confused so don't get hung up on it. The form is generic which is why it quotes both Benefit (based on "stamps" ) and Allowance (based on means test (the Dole ). I'm certian it's beenfit as you said she has a job so would not have exhausted her "benefit" entitlement by being on it before claiming IB ("the sick" )

hope it works out for her. Post again with appeal result.


----------



## MC D (29 Jul 2008)

Welfarite said:


> You're not alone in being confused so don't get hung up on it. The form is generic which is why it quotes both Benefit (based on "stamps" ) and Allowance (based on means test (the Dole ). I'm certian it's beenfit as you said she has a job so would not have exhausted her "benefit" entitlement by being on it before claiming IB ("the sick" )
> 
> hope it works out for her. Post again with appeal result.


 
Yes it must be benefit because they said it was not means tested , what my wife finds confusing Welfaite is the declaration because it says that
A) I am unemployed and unable to get suitable full time work
b) I am capable of, available for and genuinely seeking work 

well at the moment my wife and her doctor feels that she is not capable of work and also when fit she has a job to go back to so in her opinion she is neither A or B


----------



## Welfarite (29 Jul 2008)

it's confusing because its the generic form laying it dwon for ALL types of claimants. Read my 12.56 PM post regarding your wife's situation while her appeal is pending.


----------



## MC D (29 Jul 2008)

Thanks for your comments Welfarite i guess all that she can do is appeal the decesion and claim jobseekers benefits and see what happens. In the letter of appeal would you send in your doctors opinion with it.


----------



## ClubMan (29 Jul 2008)

Isn't there a specific form for appeals? I guess you can attach any additional info that you consider relevant if necessary?


----------



## Welfarite (29 Jul 2008)

MC D said:


> Thanks for your comments Welfarite i guess all that she can do is appeal the decesion and claim jobseekers benefits and see what happens. In the letter of appeal would you send in your doctors opinion with it.


 

Definitely. Anything that would help her cause.


----------



## MC D (18 Nov 2008)

Welfarite said:


> You're not alone in being confused so don't get hung up on it. The form is generic which is why it quotes both Benefit (based on "stamps" ) and Allowance (based on means test (the Dole ). I'm certian it's beenfit as you said she has a job so would not have exhausted her "benefit" entitlement by being on it before claiming IB ("the sick" )
> 
> hope it works out for her. Post again with appeal result.


 

Hows it going welfarite just to let you know that my wife appealed the decision back in july she was called for another medical last week and she got a letter yesterday to say that she won her appeal , thanks for your help


----------



## Welfarite (18 Nov 2008)

good to get feedabck and glad it worked out!


----------

