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JSA to ESA

Im currently claiming JSA but I am unable to work full time due to health issues. Im on the WP and my advisor has told me I should be claiming ESA as the requirements put on me wouldnt be so severe as with JSA. For example, if they offer me a training course and Im unable to do it because it requires me to be there for 8 hours, they have to report it to the JC and my benefit gets stopped, if I was on ESA I wouldnt have this problem as it obviously takes my health problems into account.

Anyone else transferred from JSA to ESA? Is it easy to do? What do you have to do regarding medicals etc?

Comments

  • Caz3121
    Caz3121 Posts: 15,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can make a claim with a doctors fit note and after approx 13 weeks you will be called for a medical that will either keep you on ESA in one of the groups or say you are fit for work and need to change to JSA
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Right, this is the issue, Im not saying I cant work, Im not looking to sign off sick, Im just not able to work full time.
  • Morlock
    Morlock Posts: 3,265 Forumite
    To satisfy JSA conditionality, you need to be available for full-time work. You do not meet the criteria to claim JSA by only being available part-time, so be careful what you say to the JC staff as you may be sanctioned.

    You can work part-time whilst claiming ESA, it is called Permitted Work, and acknowledges that you may not be fit to work full-time.
  • Muttleythefrog
    Muttleythefrog Posts: 20,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hmmm.. tricky... I think your course of action may depend on whether you can get a sick note. The system is badly set up up for those who fall between JSA and ESA. If you could get sicknotes then you could apply for ESA... but as above.. after around 3 months you'd be assessed via the WCA and you could well find you fail it.. if so you'll not qualify for the main phase of ESA... however if you can continue to get sicknotes you could remain on it while appealing... and then potentially reapply if you lost that. The alternative may well be to tread a tricky path while claiming JSA and trying to get appropriate support be it medical and occupational.

    If you want to check whether you'd theoretically qualify for the main phase of ESA then refer to this page.
    http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • miduck
    miduck Posts: 1,800 Forumite
    Morlock wrote: »
    To satisfy JSA conditionality, you need to be available for full-time work. You do not meet the criteria to claim JSA by only being available part-time, so be careful what you say to the JC staff as you may be sanctioned.

    This is incorrect - a JSA agreement (and any WP instructions) can be modified to reflect a person's disability, in the same way it can for parents and carers.

    OP, as you do feel that you are fit for some work you would be best to ask to see a Disability Employment Advisor at the JCP and ask about modifying your agreement to take your condition into account.
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    miduck wrote: »
    This is incorrect - a JSA agreement (and any WP instructions) can be modified to reflect a person's disability, in the same way it can for parents and carers.

    OP, as you do feel that you are fit for some work you would be best to ask to see a Disability Employment Advisor at the JCP and ask about modifying your agreement to take your condition into account.


    Ive been seeing the DEA and I was told regarding JSA that the minimum number of hours I could look for was 25 and thats how many I am looking for, therefore I qualify for JSA. I have been claiming a while now and they are aware of my health issues, its not the JC thats moaning, its my work programme provider who suggested I go on ESA.
  • miduck
    miduck Posts: 1,800 Forumite
    Gaz1971 wrote: »
    Ive been seeing the DEA and I was told regarding JSA that the minimum number of hours I could look for was 25 and thats how many I am looking for, therefore I qualify for JSA. I have been claiming a while now and they are aware of my health issues, its not the JC thats moaning, its my work programme provider who suggested I go on ESA.

    If you are happy with the 25 hour minimum, then ask the DEA to speak with the WP and advise them you are allowed to limit your jobseeking activities.

    I do agree with muttley, from what you have said you will not pass the WCA on ESA. I imagine it would be more stressful to claim ESA than JSA.
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Cool, Ill stay as I am, Ive not had any issues with the JC, its the WP thats playing up. I guess they realise it wont be easy getting me back to work and they wont be getting paid any time soon, so are looking to get me off their books.
  • john539
    john539 Posts: 16,968 Forumite
    Part of the Furniture 10,000 Posts
    Gaz1971 wrote: »
    its my work programme provider who suggested I go on ESA.
    Sounds like they want to offload you off their caseload as they can't see getting easy result.

    They are not really setup to deal with more difficult cases, sick, disabled, those on ESA.
  • Gaz1971
    Gaz1971 Posts: 488 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    john539 wrote: »
    Sounds like they want to offload you off their caseload as they can't see getting easy result.

    They are not really setup to deal with more difficult cases, sick, disabled, those on ESA.

    Thats what I thought, my advisor is a flash git, only one in the building wearing a suit and tie and always big upping himself, so he doesnt want me on his books long term, making him look bad.
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