If you lose appeal for refusal of ESA/DLA renewal, you can be barred from JSA?

stamina9008

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tommix

I dont get it, If you lose your appeal for ESA/DLA then you are deemed fit for work, thus entitled to claim JSA,.yes, no?

dookar

She's wrong

stamina9008

Thats what i thought, but the advisor was implying to me that their is a trap set for people that try to appeal against a renewal decision, and that you can implicate yourself and forfeit your entitlement to JSA.

She left me confused but intrigued...

sniggings

tommix wrote: »

I dont get it, If you lose your appeal for ESA/DLA then you are deemed fit for work, thus entitled to claim JSA,.yes, no?

Yes but the point is it's the claimant saying they are not fit for work not ESA hence not being able to claim, if the claimant changed their mind and said they were fit for work then yes they could claim.

atrixblue.-MFR-.

currently theres a sticking point in the system regarding this.

to be eligable for JSA you must be actively be seeking work, if your ill, disabled, or long term sick, and your GP provides you with a valid fit note to say your not fit to work, then you cant actively seek work no employer in the world would give you an opertunity whilst your not fit to work you become a liability, if they employed you knowing your GP has signed you unfit.

so yes you can be turned down JSA if you lose a DLA/ESA tribunal, tribunal is not there to determin fitness only entitlement, there can be error in law, or it can be purely down to you representation and mis interpretation of the descriptors to lose a DLA/ESA tribunal.


you can claim JSA whilst claiming DLA, dla is not means tested so irrelevant to this aspect anyway.

stamina9008

Oh yeah, good point, forgot that..

DLA is means tested, you can work full time etc and still get it.

Cheers, so, she was kinda right then..?

sniggings

stamina9008 wrote: »

Oh yeah, good point, forgot that..

DLA is means tested, you can work full time etc and still get it.

Cheers, so, she was kinda right then..?

DLA is NOT means tested, ESA is after the first year if you are entitled to contribution ESA, then it is means tested.