Help - benefits after being sacked?

I'm being called in for a disciplinary tomorrow and may be sacked for gross misconduct (search for my thread on the employment board for more details). I was advised that if the worst happens I should apply for JSA even though I wont get anything for 26 weeks because it will keep my NI records going.

I went onto turn to us and that gave me the option of claiming JSA, ESA or IS.

Now I'm fairly sure that I can't get IS because I'm not a carer or a lone parent but I do have a disability and when I looked into ESA it looks like I might be entitled.

So my question is if I'm entitled to ESA will I be sanctioned for 26 weeks on that as well? Also would I need to get my doctor to give me a sick line? I've always had my condition (epilepsy, not controlled by drugs though they have tried) and it's never stopped me working before but according to the ESA questions I would get 15 points for having 2 fits per week - I have more than that in some days!
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Comments

  • Unlike JSA, there is no sanction with ESA if you are sacked or leave your job voluntarily.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    With ESA, you won't get sanctioned for being sacked or leaving. You will need a fit note from your GP.

    If you claim JSA, you may be sanctioned for up to 26 weeks.
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  • Is it really as easy as going to the doctor and saying that I've lost my job and need a fit note (is this the same as a sick note?) to claim benefits?

    The doctor obviously knows that I have epilepsy and how often I have seizures but he's never mentioned me not working before.
  • Yes, if you have a health condition which would affect your ability to work then yes, you should just ask your doctor for a fit note (the same as a sick note) and explain why you think you should have one.

    When my last temporary job ended in September, I went to my GP the next day and got a fit note without any fuss.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
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    Aliasaila wrote: »
    I'm being called in for a disciplinary tomorrow and may be sacked for gross misconduct (search for my thread on the employment board for more details). I was advised that if the worst happens I should apply for JSA even though I wont get anything for 26 weeks because it will keep my NI records going.

    I went onto turn to us and that gave me the option of claiming JSA, ESA or IS.

    Now I'm fairly sure that I can't get IS because I'm not a carer or a lone parent but I do have a disability and when I looked into ESA it looks like I might be entitled.

    So my question is if I'm entitled to ESA will I be sanctioned for 26 weeks on that as well? Also would I need to get my doctor to give me a sick line? I've always had my condition (epilepsy, not controlled by drugs though they have tried) and it's never stopped me working before but according to the ESA questions I would get 15 points for having 2 fits per week - I have more than that in some days!

    Your chances of passing the medical may be slim but since you will be claiming ESA to avoid a JSA sanction you will still be payed for at least 14 weeks or until your medical.

    If your epilepsy didnt impead you working you should claim JSA, ESA is for people who cant work and not people sacked.
  • Torry_Quine
    Torry_Quine Posts: 18,865 Forumite
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    sunnyone wrote: »
    If your epilepsy didnt impead you working you should claim JSA, ESA is for people who cant work and not people sacked.

    If your epilepsy wasn't stopping you work then I would consider applying for ESA rather then JSA morally if not legally wrong.


    Saying that having read your other thread I think sacking you would be very harsh.
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  • I will have 0 other income and savings of less than £600 to last me. I fully intend on getting another job as soon as possible but I need money to be able to do that, I have nothing suitable to wear to an interview, public transport in my area is very expensive and I don't think my savings will last (but at least I don't need to pay rent).

    I doubt I'll be claiming ESA for longer than 14 weeks, I've already applied for several jobs and I'll take anything at the moment.
  • Actually, re-reading it says that ESA helps disabled people to find work so you don't need to be incapable of work to claim it.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
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    Aliasaila wrote: »
    Actually, re-reading it says that ESA helps disabled people to find work so you don't need to be incapable of work to claim it.

    Yes you do. ESA is for people who can't work. The work related group is designed to help get people back into work.

    If you're capable of work, you claim JSA.
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  • Sh1305 is right, ESA is for people who can't work at the moment. If their condition is likely to improve, then they go in the Work Related Activity Group so they get extra support to learn things and get experience which will help them get back into work once they're well enough.

    You can get a lot of support on JSA though, if you have a disability - just ask to see the Disability Advisor at the Jobcentre :)
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