Peter McLaughlin, Welfare Rights Adviser

In last week’s live webchat, our Welfare Rights Advisers, Jayne Mead and Peter McLaughlin, answered questions on Employment and Support Allowance.

We know that being unable to work can cause serious financial worries for people living with cancer. Employment and Support Allowance (ESA) is benefit which can be a lifeline for some people in this position.

From April 2012, contribution-based ESA has been time-limited to one year for anyone in the work-related activity group. This group is for those who the Department of Work and Pensions considers will be fit to return to work in future, and are capable of taking steps towards returning to work immediately. However, the one year limit is causing a lot of problems for people living with cancer.

Here are the questions and answers from the chat. To speak to an adviser like Jayne or Peter, call our free Macmillan Support Line on 0808 808 0000 (Mon-Fri, 9am-8pm).

I've got incurable-but-treatable peritoneal cancer, and the way things are going I don't know if I'll ever be able to work again. I'm presently (nominally) still employed, and receiving Employment and Support Allowance. That comes in at something under £400 a month. I've got savings, so I'm not entitled to another benefit, whose name I have forgotten, and I don't, technically, pay rent - I pay money into a joint household account instead - so no housing benefit either. I do get free prescriptions, which is something. Is there anything else I could conceivably claim?

It will all depend on how much savings you have.  The only non-means-tested benefit is Disability Living Allowance, if you have any care or mobility needs as a result of your illness.  I do feel you would benefit from seeking advice from one or our team here on the Welfare Rights Team so we can do a complete benefit check for you.  Please call us on 0808 808 0000.

Thank you, but it's too complicated to talk about on the phone, as I suffer from breathlessness, don't like using the phone in the first place, and (due to chemo spongebrain) wouldn't remember the answers!

There are some places where you can get face-to-face advice instead. Macmillan offer advice in centres based in hospitals, have advisors in the community (depending on your area) and have advisors at CAB locations. To search for your nearest service, enter your postcode on our Find a Macmillan benefits adviser page.

Since being diagnosed with breast cancer, I’ve so far had a mastectomy and am waiting for a second operation in August.  Financially, my husband and I are just about managing.  I used to earn £80.00 a week. I have given my manager a start date of mid-September for returning to work, in spite of the fact I will be on chemo.  At present I get £85.00 a week stat sick pay, my company pay nothing towards my sick time off.  Would I be eligible for ESA? I have give a date for returning to work. 

You can't claim ESA until Statutory Sick Pay (SSP) has ended, so it will depend when you started to receive SSP. SSP runs for 28 weeks. When it’s due to run out, you should get a form called a SSP1 from your employer. If you need any more help, feel free to ring us and we’ll be happy to go through this in more detail.

I need new glasses but - obviously - can't afford them. Any NHS help available here?

NHS costs are means tested so that will depend on your savings and income.

I was diagnosed with Ovarian cancer last March (2011) and have been living on my redundancy which has just about run out. I see the consultant every six weeks so not able to work.  I am not signing on or claiming anything - would I be entitled to any benefits?

The benefits you’re entitled to will depend on a number of things. Were you employed before March 2011, or self employed, and what was your income? How old are you?  Do you have a husband or partner that works, and savings above £6,000. If you don't want to divulge that info on here you can call us on 0808 808 0000.

My GP gave me a note for six months, but next week I'm to have a medical organised by the ESA. I feel I am being pressured into returning to work before I am ready - I'm bowel incontinent at the moment and would like to try and get that sorted. Can they force my return to work?

I’m sorry to hear you’re under pressure. The medical assessment has the power to find you fit for work, but, if you are incontinent, this is a condition which enables you to be put in the support group depending on the severity of it. Is this the first ESA medical you are going to?

Yes it's the first medical. I'm currently waiting to see a colorectal nurse but my oncologist has said I may have to think about a stoma.

Take as much evidence as you can in to support your condition. At the Support Line, we have the descriptors, which are what they use to assess each area. You need to get 15 points to pass the medical, and then a decision is made on which support group to put you in. If you call us on 0808 808 0000 we can send you those descriptors and advise you more on what to expect on the day. In the meantime,  you might find it helpful to read this information on Work Capability Assessment on direct.gov.uk.

I feel I should not have to suffer the loss of dignity that would come by soiling myself in front of colleagues in the workplace, when all my options have not been exhausted.

I agree you shouldn't have to go through that and the WCA can be very impersonal. We'll help you through it though and support you if you call. 

I have applied for ESA and Housing/Council Tax Benefit.  Any idea how long it will be before this will be paid?

When did you apply? It should take 4-6 weeks but that depends on whether they need more information.

I applied about two weeks ago - should I ring them and find out where I am up to?

Yes, it won’t do any harm and at least they can confirm they have received your application and how much longer you will need to wait.  Sometimes it can take up to 6 weeks but they are often processed within 2 -3 weeks.

At the moment I have no money coming in at all.  I have had the Macmillan Grant but that has already gone on my rent so I have a real problem.  Is there any emergency help available?

You can apply for a crisis loan but this is repayable - when you ring to enquire about your ESA, ask them to put you through to the crisis loan team.  If you need any further benefit advice please ring us 0808 808 0000.

I am still struggling even though I am working again - I find it difficult to meet living expenses. It’s been two years, nearly, now since the diagnosis and treatment, and I’ve had no help from the government. I have filled out copious forms, but always the answer is not entitled. I’ve paid in all my working life and never got anything out from the system. I live a frugal life, but even that is unsustainable.

I’m sorry that this has happened to you. To advise you, I would need lots more information about your household income, etc, so please ring our helpline for advice on 0808 808 0000. 

What does time limiting of ESA mean?

From April of this year, people receiving contributory ESA for 365 days and not in the support group had their benefit stopped and in a lot of cases have lost around £99 a week (this year’s rate). In many cases they are still unwell and unable to return to work. Read more about time limiting of ESA.

If this has happened to anyone, there are options but it's a very complex area and I recommend anyone with this issue calls us on the Welfare Rights Team.

I'm nearing the end of my illness, now but feel I have had a raw deal with the system. I have gone through all the treatment and its side effects and I've received the bare minimum in the way of help. I was refused DLA because my now partner moved in with me to help me through it, but I still had all my bills to meet.

I'm pleased you are coming to the end of the illness but sorry to hear you feel that way about 'the system'. I agree it can be very impersonal and understand the difficulties patients go through with this benefit. If you need our support, we'll do that for you, just call us on 0808 808 000.

DLA is a different benefit to ESA, but we can also discuss that with you if you call us.

I have to return to work, anyway, as I can no longer afford the lifestyle of a patient.

There may be other benefits we can advise you about if you call. Our online guide to Work and Cancer may also be helpful to you.

Do you have an email address we can write to? I have a friend who doesn't have the energy to speak on the phone - she would rather converse via email. 

You can email us by filling out our online contact form. However, the issue with benefits is that we require so many details that it's not normally possible to conduct an assessment over email.

Your friend can send an email and initially we can respond by email, but it would be better for us to eventually talk by phone - just because of the information and details we need to do an assessment for benefits.

You could find out if your friend is happy for you to give us a call on her behalf. Or she can always seek advice locally through the Citizens Advice Bureau or use her postcode to search for a Macmillan benefits adviser in her area.