Q re ESA and JSA

princess1984

PLEASE SEE NEW POST AT THE END OF THE THREAD - UPDATED POST

Hello all

My husband has been signed off sick with depression since May 2010. His employer let him return to work in June, gently easing him in, but after two part time shifts his doctor signed him off again and upped his anti depressants. His employer wrote him a letter ending his employment from 5th September. He is currently signed off work for another 4 weeks, and his doctor said after this time she expects him to return to work. He started a college course last week, which is classed as full time but he's only at college for 2 days a week. His doctor is aware of this, and when I spoke to the ESA people on the phone I was told studying is fine while claiming ESA.

My question is, what happens during these next 4 weeks? If his doctor sees him fit for work after this time, should he look for work now with a view to starting in 4 weeks time, or should we stop the ESA claim now and claim JSA? I'm so confused.

Might I add that we have had no payment of ESA so far, the claim is being processed from 1st July to now, and we've just found out we can apply for a crisis loan tomorrow as we've been living off tax credits and child benefit with a few food bank donations.

NASA_2

Full-time study means he wont be entitled to ESA(IR) (Unless also on DLA) but he should still satisfy the conditions for ESA(C) if he has been working full-time for the last few years.

If he is fit for work he should claim JSA now - if he isnt then continue with ESA until such time as he is.

[Deleted User]

what his gp "expects" and what is reallity might be 2 different things,i doubt she knows now how he`ll be in 4 weeks time

princess1984

woodbine wrote: »

what his gp "expects" and what is reallity might be 2 different things,i doubt she knows now how he`ll be in 4 weeks time

Thank you, I agree! I have considered this, but I discuss with my husband 'when' he will return to work, not 'if', which seems to keep him more positive. My husband has had a lot of time to slow his life down, control his diabetes (which was slightly linked to the depression) and the doctor feels his outlook is more positive. Without sounding unsupportive, I cannot wait for him to return to work, not only for his own self esteem but for us too - the family are struggling to survive on benefits, and while his job will only be part time, I think he will feel happier supporting us.

Oldernotwiser

NASA wrote: »

Full-time study means he wont be entitled to ESA(IR) (Unless also on DLA) but he should still satisfy the conditions for ESA(C) if he has been working full-time for the last few years.

If he is fit for work he should claim JSA now - if he isnt then continue with ESA until such time as he is.

He can't claim JSA if he's on a full time course.

NASA_2

Oldernotwiser wrote: »

He can't claim JSA if he's on a full time course.

Still has a right to put in a claim and get a decision on it.

princess1984

Hello again, wondering if I can call on your advice again following my previous post (above). My husband now feels fit to return to work, and would like to ignore the last week of his doctor's note, claim JSA and look for work. Is it as simple as phoning ESA and ending the claim, and making a fresh claim for JSA? My husband's claim for ESA *STILL* hasn't been processed, which is a joke. We had one crisis loan for food for two weeks, but since been refused as they said my husband should ask at his college for a learner support fund instead of a crisis loan. The whole process is tedious, the college won't help us, nor will crisis loans, we're scraping by on the little we have and dipping into the rent money (dangerous). So I'm not really sure if we'll get the ESA processed if we end the claim or not..?

jellybaby1969

My advice to you would be to call ESA and tell them to end the claim on the date prior to making your JSA claim...You will still get your ESA processed thats not a problem just make sure you have the med certs to cover the dates of the ESA claim. The ESA claim may hold the JSA payments up slightly its is dependent if JSA decide to wait for the ESA claim to be ended on the sytem to build the JSA or build the JSA clerically and issue payments that way...

welshmoneylover

princess1984 wrote: »

Hello again, wondering if I can call on your advice again following my previous post (above). My husband now feels fit to return to work, and would like to ignore the last week of his doctor's note, claim JSA and look for work. Is it as simple as phoning ESA and ending the claim, and making a fresh claim for JSA? My husband's claim for ESA *STILL* hasn't been processed, which is a joke. We had one crisis loan for food for two weeks, but since been refused as they said my husband should ask at his college for a learner support fund instead of a crisis loan. The whole process is tedious, the college won't help us, nor will crisis loans, we're scraping by on the little we have and dipping into the rent money (dangerous). So I'm not really sure if we'll get the ESA processed if we end the claim or not..?

Is it possible for you to get work *if you don't already*?