ESA to employment

in_for_a_penny_3

I have been on the work related ESA for just over a year, and my health is now much better, apart from the odd ache and pain.

A few months ago the jobcentre advised me to do some voluntary work. I was up for doing this, but had a few setbacks.

I now would like to work part time, to see how I go.

I wrote to the jobcentre to tell them this, and also asked them why they had not contacted me in a few months, as I thought this was quite strange, as they said being on the work related group, they would help me get back into employment. I told them that I did not think I needed to attend my second ATOS appointment, as I felt better, and that I would like to transfer from ESA to JSA whilst I search for work

Today a lady the jobcentre called me, to go through my letter. She explained that they had not been in contact, as I had been lost in the 'system' for a while, as changes had been made to benefits etc.

She then said, that it would be better to attend the ATOS medical, and for them to say I was fit for work, and then I could transfer straight to JSA, where as if I did not attend the medical, my ESA would be stopped and I would have to apply for JSA

So, basically she was telling me that if I attended the medical and failed, I would be put straight on to JSA, and if I did not attend, I would have to apply

I thought this was strange, so I kept persuing her. And finally she said, 'well, you have to apply for JSA whether you fail the medical or just do not go'

What the hell is she going on about. Either I go straight to JSA or I don't??

I just do not want a break in money, as like all of you, I have bills to pay

She wants me to meet her this week to go over things.

She did sound helpful on the phone, but also not forthcuming with information

I may be a bit cynical, but I do not trust any of these people

Can anybody shed any light please?

Morlock

If your second ATOS medical appointment is already booked or in the process, it may be difficult to now cancel it. The medical is compulsory, therefore if you do not attend without good reason, your ESA claim would be closed and benefits stopped. You would then have to claim JSA, so there would be a break in payments.

It seems that the jobcentre adviser is trying to help, by negating any complications caused by the missed appointment and consequent suspension of benefits.

in_for_a_penny_3

Morlock wrote: »

If your second ATOS medical appointment is already booked or in the process, it may be difficult to now cancel it. The medical is compulsory, therefore if you do not attend without good reason, your ESA claim would be closed and benefits stopped. You would then have to claim JSA, so there would be a break in payments.

It seems that the jobcentre adviser is trying to help, by negating any complications caused by the missed appointment and consequent suspension of benefits.

I know the adviser seemed like she was trying to help, but she was wishy washy with what she was saying to me

She told me that if I failed the medical, I would be transferred straight onto JSA, then she backtracked on this

Over the past year and a bit, I have had several letters back and forth to them, due to their errors with my benefits, all of which they have finally admitted to, and have apologised for. So, hence my thinking

in_for_a_penny_3

Sorry to be a pain

Could really do with some help here after the jobcentres conflicting advice

MrsManda

I think Morlock is right in that if you fail to go to your ATOS appointment your ESA claim will end and you'll get a break in payments while you claim for JSA. Whereas if you go to your appointment and are not eligible for ESA you will receive information on transferring your claim to JSA.

Also do you realise you can do paid employment for upto 16 hours a week providing you earn less than £97.50 while still claiming ESA?
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171909

This would enable you to find out if you are capable of working due to your health rather than coming off ESA completely and finding out that you cannot work and having to reapply.

There's also nothing to stop you from looking for work outside of the 16hour/£97.50 limit as you can go from ESA to working.
If you go into work from ESA you may receive Return to Work Credit.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Employedorlookingforwork/DG_10013908

in_for_a_penny_3

MrsManda wrote: »

I think Morlock is right in that if you fail to go to your ATOS appointment your ESA claim will end and you'll get a break in payments while you claim for JSA. Whereas if you go to your appointment and are not eligible for ESA you will receive information on transferring your claim to JSA.

Also do you realise you can do paid employment for upto 16 hours a week providing you earn less than £97.50 while still claiming ESA?

This would enable you to find out if you are capable of working due to your health rather than coming off ESA completely and finding out that you cannot work and having to reapply.

There's also nothing to stop you from looking for work outside of the 16hour/£97.50 limit as you can go from ESA to working.
If you go into work from ESA you may receive Return to Work Credit.

Thank you for this information, but when I pressed the girl on the phone, that if I attended the medical, and failed, that I could go onto JSA, she woudl not commit to an answer.

Also, her sayting that I had been 'lost in the system' is a worry. This is not the first time the DWP and Jobcentre have messed me about, and gotten their wires crossed.

MrsManda

in_for_a_penny wrote: »

Thank you for this information, but when I pressed the girl on the phone, that if I attended the medical, and failed, that I could go onto JSA, she woudl not commit to an answer.

I think the reason she wouldn't commit is because she won't be able to say with the details she has whether you will qualify for JSA payments.

Like with ESA there is contribution based and income based.

If you are single, have less than £6000 in savings and no other income you should be able to recieve income based JSA. If you are a member of a couple you'll be assessed on your partner's income and if they work more than 24 hours a week you won't be entitled to JSA income based.

Contributions Based depends on your N.I. Contributions for the relevant tax years. I'm not sure what the current tax years are so cannot say whether you'd qualify for JSA(CB).

in_for_a_penny_3

MrsManda wrote: »

I think the reason she wouldn't commit is because she won't be able to say with the details she has whether you will qualify for JSA payments.

Like with ESA there is contribution based and income based.

If you are single, have less than £6000 in savings and no other income you should be able to recieve income based JSA. If you are a member of a couple you'll be assessed on your partner's income and if they work more than 24 hours a week you won't be entitled to JSA income based.

Contributions Based depends on your N.I. Contributions for the relevant tax years. I'm not sure what the current tax years are so cannot say whether you'd qualify for JSA(CB).

Thank you for that - it is very helpful
Another question if I may?
Why did she also say 'I will make a note that you are coming in voluntarily'

Morlock

in_for_a_penny wrote: »

Thank you for this information, but when I pressed the girl on the phone, that if I attended the medical, and failed, that I could go onto JSA, she woudl not commit to an answer.

She was right not to commit, as your eligibility for JSA would need to be assessed first. As stated, entitlement to JSA depends upon individual circumstances.

She is likely drawing from experience that if an ESA claim becomes ineligible due to a failed ATOS medical, providing the claimant is entitled to JSA, the claim will be fast-tracked on to that benefit.

Not knowing your personal circumstances or the details of your claim, she could not guarantee that you would be entitled to JSA.

in_for_a_penny_3

Morlock wrote: »

She was right not to commit, as your eligibility for JSA would need to be assessed first. As stated, entitlement to JSA depends upon individual circumstances.

She is likely drawing from experience that if an ESA claim becomes ineligible due to a failed ATOS medical, providing the claimant is entitled to JSA, the claim will be fast-tracked on to that benefit.

Not knowing your personal circumstances or the details of your claim, she could not guarantee that you would be entitled to JSA.

I can imagine she is. But she called me after I wrote to her, wanting a meeting, and explaining my situation. I also outlined my medical history. And surely - they should have all of my correspondence, as I have written to them enough in the past regarding their errors. Their lack of communication and mistakes caused my health to worsen, and I ended up writing to the health omdudsman.
And how can I have been 'lost in the system'
Sorry for moaning - but I am very frustrated.
Why did she say I was now meeting her voluntarily?

Morlock

in_for_a_penny wrote: »

Why did she say I was now meeting her voluntarily?

She probably booked you into the system, which now shows that you have an appointment. A note was made stating that it was a voluntary appointment and not compulsory. Missing a compulsory appointment would likely trigger a benefit sanction.

Missing a voluntary appointment is irrelevant to the claim if for some reason you do not turn up.