Illness Benefit been cut off - any advise please

MrsG09

Hi all,

I am out of work with 12 months + with medical issues.

Work doctor has signed me off pending some medical procedures which are scheduled to take place over the coming weeks and months.

I was called into social welfare to undergo a review with doctor re my entitlement for illness benefit-received a letter in the post Friday saying while I cannot do my own job, there are other jobs I can do.

I have a very good job that I live and want to go back to-but it will be a few months before I can go back-SW seem to want me to find another job, I'm so confused?

We need the SW money to pay our mortgage.

I have appealed the decision and rang the SW but the girl I spoke to had no idea.

Can anyone fine me any advise I would be very grateful

Thanks in advance

LegacyUser

your appeal will take ages.

You can claim Jobseekers Benefit while you're waiting for your appeal.

Assuming you meet the PRSI conditions.

edellc

yes but for the OP to claim JSB they need to be unemployed and that is not what the OP wants

they want to go back to their job but cant as yet as they are not fit for that employment but are for some thing else.....didnt you read the post???

the OP IB has been cut off how does the OP financially support themselves until they are well enough to go back to their employment that they love, or is it that they are to give up employment to sign on??? that just seems stupid to me

there has to be some answer to the OP's question??

OP have you spoken to your employer...are you due holiday pay from when you where off on IB if so can that be paid to you it may tide you over for a few weeks or more if your careful with it??

or is there another job you could do within the organisation until you are fully fit to return to your position?

midlands1

StateBenefits wrote: »

your appeal will take ages.

You can claim Jobseekers Benefit while you're waiting for your appeal.

Assuming you meet the PRSI conditions.

You can only claim JSB if you unemployed ..

eastbono

While you are appealing illness benefit you can claim jobseekers benefit.

MrsG09

Edelic
Thanks for the comprehensive reply.
There is no other job in the org I can do, I have a pretty unique skill set in the org and work almost independently. I literally move no clue as to the other roles in the business.

I was thinking of ringing citizens advise, or maybe the health board? I should be able to get back to work (at least part time) by September. When I rang the social welfare the girl didn't seem to know what the situation was.

Very distressed over this as payments have been stopped with immediate effect

flutered

i have been through this many times, i was cut off by the social doctor, the labour refused to take me, they said i was unfit, they told me to go back to my doctor and start sending in certs again.

Balagan

MrsG09 wrote: »

Edelic
Thanks for the comprehensive reply.
There is no other job in the org I can do, I have a pretty unique skill set in the org and work almost independently. I literally move no clue as to the other roles in the business.

I was thinking of ringing citizens advise, or maybe the health board? I should be able to get back to work (at least part time) by September. When I rang the social welfare the girl didn't seem to know what the situation was.

Very distressed over this as payments have been stopped with immediate effect

Perhaps best to focus first on advice eastbono gave you and that is that you can immediately commence a claim for Jobseekers Benefit at the Department of Social Protection office while you are awaiting the outcome of your appeal against the decision about your Illness Benefit. Jobseekers Benefit claims are quickly processed.

edellc

Balagan wrote: »

Perhaps best to focus first on advice eastbono gave you and that is that you can immediately commence a claim for Jobseekers Benefit at the Department of Social Protection office while you are awaiting the outcome of your appeal against the decision about your Illness Benefit. Jobseekers Benefit claims are quickly processed.

Please read the opening post again, the OP is not looking to go on jobseekers as you have to be unemployed to do so, they are ill and they are employed but just not fit for the job, and have also stated that they may be ready to go back in september why then who knows

but would you rather take someone out of employment and add them to the live register or let them get well and return to work, i know which one i would do, so please read the post correctly before recommending going on js

OP I agree with flutered, if there is no other job you can do in your organisation then go back to the doctor and start the process again, if your doctor signs you off sick then you are sick for the purpose of your job

i hope you get well soon as their is nothing worse than ill health, and i hope you return to your employment that you are happy in

best of luck op

peace and love x

eastbono

AFAIK if a person is out of work on Illness Benefit and the medical referee deems them fit for work while they are appealing this decision they can make a claim for jobseekers benefit. The best thing the OP can do is go into their sw office and clarify the situation.

mystic

Lots of wrong information on this thread.

Here's the correct position:
http://www.welfare.ie/EN/OperationalGuidelines/Pages/jb_jobseekben.aspx#capofwork

Have a look at Section A.

Hope this clarifies the situation.

edellc

^^^

good link however this jumps out at me

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. Implicit in this arrangement is that if the conditionality for receipt of JB is evidently not being met by the claimant for a particular reason i.e.

They reside abroad
Are employed in a full-time capacity
Are a full-time student
Then as they do not fulfil the conditions for JB they are not entitled to make a claim.


only because the op is in full time employment but just off sick at the minute on IB which has been stopped but her position within the company is still her's and waiting for her to go back to when she is well, which she has stated will be hopefully september....so how can she go on JB when she is employed full time yet not receiving payment from her employer and now IB has stopped paying her too, she is not actively seeking employment as she has one but is just unable to do it right now

so does she quite her job sign on jb while waiting on ib and once that decision is met then either go back on ib or have to stay on jb as she has no job to go back to because due to the rules she is has to be unemployed to claim jb??? am i missing something or this seem silly for her case

mystic

IMO, the OP is not in full-time employment at the moment even though she has a job to go back to. She is not working, not paying PRSI, USC, tax etc.

http://www.welfare.ie/EN/Publications/SW3/Pages/49Whatweeksarenotweeksofinsurableemployment.aspx

MrsG09
When you received the letter stating you no longer qualified for IB it should have clearly stated that you had the option to 'sign on' for Jobseeker's Benefit pending the outcome of an appeal. Did the letter state that?

Usually a person who has been 'cut off' IB can qualify for JB without having to satisfy the usual capable, available and genuinely seeking full-time work conditions that apply to JB, providing they meet the PRSI contribution conditions for JB.

Regarding your appeal, the next step in the process for an IB appeal is to refer you to a different Medical Referee who will assess you. If they are of the opinion that you are unfit for work......happy days......your IB is re-instated. If the second Medical Referee finds that you are 'capable of work', then your appeal will be formally registered in the Social Welfare Appeals Office and the long process begins.

It's very important that you continue to send in medical certificates (MC2)from your GP, even if you apply for JB.

MrsG09

mystic wrote: »

IMO, the OP is not in full-time employment at the moment even though she has a job to go back to. She is not working, not paying PRSI, USC, tax etc.

http://www.welfare.ie/EN/Publications/SW3/Pages/49Whatweeksarenotweeksofinsurableemployment.aspx

MrsG09
When you received the letter stating you no longer qualified for IB it should have clearly stated that you had the option to 'sign on' for Jobseeker's Benefit pending the outcome of an appeal. Did the letter state that?

Usually a person who has been 'cut off' IB can qualify for JB without having to satisfy the usual capable, available and genuinely seeking full-time work conditions that apply to JB, providing they meet the PRSI contribution conditions for JB.

Regarding your appeal, the next step in the process for an IB appeal is to refer you to a different Medical Referee who will assess you. If they are of the opinion that you are unfit for work......happy days......your IB is re-instated. If the second Medical Referee finds that you are 'capable of work', then your appeal will be formally registered in the Social Welfare Appeals Office and the long process begins.

It's very important that you continue to send in medical certificates (MC2)from your GP, even if you apply for JB.

Hi all I just wanted to thank you for replies. I have contacted citizens advise and lOgged a review request.

Thanks again