Why JSA hardship but not ESA hardship?

epitome

Scenario,
someone misses a WCA, their ESA is stopped they have no capability for work, they try to claim JSA but they are refused by Jobcentre, as they are clearly incapable of work.

They can only get 3 crisis loans

Just !!!!!! are they supposed to do for food & bills?

Why isn't there an ESA hardship?

pickpocketlocket

Surely you would need to ask the DWP that question?

epitome

The answer from the DWP is usually "it's JSA or nothing". But if you are refused JSA by your JSA advisor what are you expected to live on? I'm asking here because someone might know something. It's situations like this which cause people to commit suicide so it is a very serious problem.

marybelle01

Why did someone miss their WCA (no idea what that is anyway)?

There are rules for all claimants, whatever they are claiming. One of those rules is that they attend certain things. So I guess the answer to what you do for food and bills is that you attend appointments you are expected to attend.

Horseunderwater

Or you ring them and ask to re schedule it.

mazza111

Indeed about the WCA (work capability assessment), you must attend. It's compulsory. If you fail to attend your ESA would be stopped, unless you have a very good reason. Then it would be a claim for JSA and you would need to fit the criteria for that.

TBH anyone in this situation really should get advice from CAB or WRO (yes there are still some welfare rights officers around)

sniggings

pickpocketlocket wrote: »

Surely you would need to ask the DWP that question?

It's forum, don't be so rude :eek:

benefitbaby

Hi, it's not clear from your OP when Jobcentre made their decision to end the ESA claim for failure to attend the WCA (this is important as you have an automatic right of appeal within one month).

You can appeal the failure to attend if you had good cause, or if your invite to attend was not given in writing providing at least 7 days notice - however you cannot be paid ESA pending the outcome of this appeal.

It is crucial that you challenge though as re-claiming ESA (and being paid) is tricky. Whilst you can make a new claim for ESA this too will not be paid until either six months have passed since the previous disallowance, or there is a new condition, or a worsening of the original condition.

The only option to receive any cash is to claim JSA without disclosing there is a sick note in place, Jobcentre Plus can limit the JSA agreement in respect of hours of work, type of work etc to meet the needs of the claimant.
Other than the above (and having exhausted crisis loans) the only option is charitable support. Sorry

jayk

I dont quite understand if you were to claim JSA without disclosing sick notes then how would Jobcentre agree to limit hours etc. I may well be facing this situation just awaiting outcome letter from recent ATOS medical and expect to get 0 points. Will appeal but worried they stop benefit immediately on receipt of letter. All this is very stressful.

benefitbaby

Sorry, I should have been more specific... if you have a Med3 certificate which states 'not fit for work' (or similar) a JSA claim will not succeed, however if you have a Med3 that says some work could be done (GP will usually specify how) then you can claim JSA subject to reasonable limitations as long as there is a 'reasonable' prospect of securing work.

Normally to be regarded as a jobseeker (and thus get JSA) you have to be willing and able to work 40 hours per week. If for example because of ill health this is not acheivable then you can seek to restrict hours of availability e.g. your GP may say on the Med3 'work limited to 4 hours a day', arguably there are part-time jobs that could meet this so JSA could be awarded. Or a GP may say no lifting/bending, again there are lots of jobs do not require lifting/bending so there would still be a reasonable prospect of success.

For more info search Jobseekers Allowance Regulations 2009 (legislation website), chapters 2 and 3 deal with all the relevant bits and pieces.

PS you do not have to have a med3 to limit the JSA agreement, many people have disabilities but don't routinely get med3's e.g. visual/hearing impairment, wheelchair users etc.

epitome

In answer to everyone,

This is not an actual person but a general question

Why miss the WCA? There can be many varied reasons why, including, they never got the invitation letter (twice) on the second time they will close the claim, but how are they supposed to go when they have not been invited?

They are heavily doped up on medication and (assuming they can get it together briefly) phone to re-schedule but ATOS refuses to re-schedule, or tells the customer they will cancel it and send a new appointment, but the appointment does not get cancelled and the next thing the customer gets is a failure to attend letter for an appointment that they asked ATOS to cancel.

The reasons are many and varied and some as you can see are perfectly valid reasons.

The point is, to not pay people on appeal for such closures and to not allow them to claim JSA, and to only give them 3 weeks crisis loans at a pawltry amount AND TO MAKE THEM WAIT A FURTHER 13 WEEKS before another WCA is given is absolutley disgusting, and it drives some people to suicide.

So why not a hardship ESA payment for those who qualify and the payment would be at a reduced rate - just like it is available for JSA claimants...?