Confused! On JSA but stil ill!

baxb

My ESA claim started in nov 2011. In march 2012, they claimed they sent me for a medical. I didnt receive this appointment even though i had been expecting it for months. They have not accepted my reason and declared i am fit for work. I Have appealed against this and asked for a new app for new medical. I Have also reapplied for ESA 4 weeks ago. I also keep sending in my sick notes continuosly. As i Have not been paid for 6weeks now, Ive applied for JSA last wk so that i get some payments. They have confirmed to me that if my appeal is successful, i will be moved back onto ESA. What i need to know is, now that Ive applied for JSA, i Have to say that i am fit for work- even though its obvious i not. But can i say that im actively seekin full time work or can i say that i only looking for part time work due to my illness? I also been told that to cont to get payments, my ESA appeal could take months and to cont to send in sick notes. Do i Have to agree to actively seek full time work in my condition or will they accept that i am appealing and i am sick so i can not do as much work as fully able people on JSA?

epitome

If you stay on ESA under these circumstance (on appeal) you will not be paid.
If you make a new claim to ESA you will not be paid UNLESS you have a new medical condition or your old condition has significantly worsened.. OR until you take and pass a medical....OR until 6 months have passed since the March close date.

If you do as above and claim ESA then you will be on no money but you will eventually after 13 weeks get a new medical. which you won't get while you claim JSA.

You can claim JSA and discuss with your advisor to be allowed to look for part time work only, showing them a sick note from your doctor that says you have "limited capacity for work" It is up to the advisor to decide AFAIK.

In September (6 months after your close date) you can claim ESA again regardless and get paid as a new claimant.

If you have a partner who works or savings more than £16K You will want to claim JSA or ESA to keep your NI paid.

dookar

This is a bit confusing. Did they not accept your reason for not attending the medical or have they found you to not have limited capability for work (ie 'failed' a medical)?

Why are you required to send in med certs if you are receiving JSA?

You should speak to your adviser about your availability for work, the rules on number of hours of availability can be relaxed

epitome

If you miss a WCA you are automatically found fit for work. AFAIK.

baxb

They knocked me off ESA due to a failure to attend a medical and they did not accept my reasons- this is what i am appealing against- as long as they give me a new medical il be happy as i know i will pass. I Have made a new claim for ESA 4wk ago but i know that i wont get paid until i attend a medical. Thats why iv applied for JSA just so that i can receive some payment. I am stil sending in sick notes to back up my original ESA claim (if my appeal passes) or/and to back up my new ESA claim, which is stil with a decision maker. My JSA claim is also with a decision maker stil so i Dont know what will actually happen. Its very confusing i know. Its been 8week since any payment. Its been 4wk since i reapplied ESA which was classed as a Rapid Reclaim. And 1 week since applying for JSA, so far i Have not received any decisions yet.

dookar

And this is why people shouldn't use the term 'rapid reclaim'

You can't claim both, they are mutually exclusive. My expertise is JSA so I'm happy to help on that front.

For what reason is the JSA claim with a decision maker?

epitome

You can't apply for JSA with an open ESA claim.

You must first close the ESA claim THEN claim JSA

If you appealed ESA and then claimed JSA without closing the ESA the JSA will not start because the ESA is still open on appeal.

If you closed ESA then claimed JSA then reclaimed ESA the reclaim of ESA will close your JSA claim

You will not be offered a new medical if you are only on appeal for ESA
You will only be offered a new medical if you have a new claim to ESA, but you will not be receiveing any money.

If you want money now you MUST close ESA then claim JSA. You can still appeal the ESA while you claim JSA but you will not be offered a new medical.

In September you can safely close JSA then make a new claim to ESA and be paid as normal.

baxb

The only reason that i know why my JSA claim is with a DM is due to my ESA claim last month and the fact that i stil have sick notes from my gp. I know i cant be on ESA and JSA at the same time. I would rather be on ESA as since i Have applied for JSA, Ive had 4 appointments at the jobcentre. Next week i Have to attend a cv workshop for an hour. Its all very stressful. My illness includes severe depression and anxiety. It takes me 1 and half hour to walk to the jobcentre every time and same again to walk home. I would get a bus but im pennyless due to no payments for nearly 2months. Do i really have to comply with all these extra workshops and courses when i plan on moving back to ESA? Are there restrictions for those in my position? Also the jobcentre say that i must apply for at least 5 jobs every day otherwise i will lose benefit. Is this true? And what if i find that im too ill to even apply for any jobs- will i lose my JSA?

baxb

Epitone. Does that mean i Have to close down my 2nd ESA claim that i made a month ago? And my JSA which i applied for last week, does it mean that this JSA will close down my 2nd ESA? And to actually activate my JSA claim, do i ave to close my ESA or will it happen on auto?

epitome

In my experiennce you will be told by JSA, that your JSA cannot be paid because you have an open claim to ESA. ou should phone ESA first and just ask them if you have a "live" claim, then hang up and phone JSA and ask for a callback from the Decision Maker, tell them what status your ESA is in "live" or "closed" and see what they say.

Your JSA advisor would have to discuss what workshops etc you have to attend.... perhaps Dookar can advise you on that.

You do not have to apply for 5 jobs a day - Dookar or someone else will hopefully confirm- It is my understanding that you have to do 3 actions per week to qualify for JSA- that could be apply for 3 jobs per week or 2 job applications and 1 day revamping your CV.
You may have put on your jobseekers agreement that you would apply to 5 jobs per day - in which case - yes you would probably have to comply with that. This would have been your jobcentre advisor "suggesting" that this is what you must do and you not knowing any better just agreed to do it. In which case you should ask to have your jobseekers agreement rewritten.

baxb

Last time i was on JSA was around 2year ago which yes i agree that just applying for several jobs a week or 1 every couple days was enough. But it seems to have got lot more stricter now... Or did i just get a bad advisor?