If a person is turned down for ESA do they have to sign on for JSA?

needmorehelp

Hi,

Just wondering if a person is turned down for ESA (CB) after filling in form to migrate from IB and then appeals that decision, do they have to sign on to jobseekers allowance until the decision is looked at again by the decision?

Thanks

rogerblack

At the moment.
They need to submit a formal appeal in writing, along with a medical note, and they will be paid at the assessment rate until the appeal comes along.
The amount of payment is generally the same as JSA.

needmorehelp

Thank you very much Rodger for your reply. its just that I read some where (but not sure ) that there was sone new rule as from April this year that a claimant would not receive any esa at the assessment rate until the decision was looked at again by a different decision maker, and only then would they start to receive the assessment rate of ESA.

If this happened to be the case would the Claimant NOT signing on for JSA (because of health or other reasons) somehow jeopardise their ongoing ESA appeal.

Thanks again for all the good work you do on here Rodger but this point is worrying me a bit.

pmlindyloo

I think this is what you are referring to:

http://www.benefitsandwork.co.uk/news/2224-esa-appeals-nightmare-confirmed

According to this article all those who wish to appeal a decision have to go through a reconsideration first. It is during this time of reconsideration that it is said that you will be unable to claim the assessment rate of ESA but have to claim JSA instead.

Further googling seems to suggest that claiming JSA will have no effect on any future appeal.

To be honest, I am not sure what is happening about this. I know that CAB advisors have been asked to report any instances where people wishing to appeal have been refused the assessment rate of ESA.

I will put up a quote from CAB adviceguide about this - not sure what it means exactly - suspect people are not sure exactly what is going to happen.

Soory, can't do 2 quotes at once!

rogerblack

needmorehelp wrote: »

Thank you very much Rodger for your reply. its just that I read some where (but not sure ) that there was sone new rule as from April this year

This only - at the moment - applies to PIP.
Current plans are for it to come into place for benefits other than PIP on oct 29.

It would not apply in any case for ESA-C which someone transitioning from IB is on.
As I understand it, anyway.

pmlindyloo

Adviceguide

What happens to your ESA during your appeal?

If you are waiting for an appeal to be heard, you can either claim Jobseeker's Allowance (JSA) or continue to get the basic rate of ESA, depending on your circumstances. You can only continue to get ESA if you are appealing against a decision, and not if you asked for a decision to be looked at again. If you want to get ESA while you're appealing, you should tell the Department for Work and Pensions (DWP). You must also continue to provide medical certificates.
You will receive the same amount of money, whether you claim JSA or remain on ESA while an appeal is being decided. If you claim JSA this should not affect your appeal. If you claim JSA you will have to show that you are available for, and actively seeking, work that you are capable of doing.

Mmmmmm!

loudmouth

Can you still do this even if the 365 days have passed ?

rogerblack

loudmouth wrote: »

Can you still do this even if the 365 days have passed ?

If you are claiming contributions based ESA, and are in the work-related group, then your payment is time-limited.

After a year, further payment will require you to pass an means test - most people with a working partner will fail this.

However, you remain on ESA - it's just that payment stops.
If you later qualify for the support group, due to your condition worsening, or due to changes in the rules - payment resumes.

loudmouth

rogerblack wrote: »

If you are claiming contributions based ESA, and are in the work-related group, then your payment is time-limited.

After a year, further payment will require you to pass an means test - most people with a working partner will fail this.

However, you remain on ESA - it's just that payment stops.
If you later qualify for the support group, due to your condition worsening, or due to changes in the rules - payment resumes.

Thanks for answering. I really do not want to hi jack some one elses thread but What am I going to do now payments have ceased? I can't claim JSA can I? OH works full time but on lowest pay rate, we have ten year old child ,would I qualify for extra CTB and him WTA? I am unfit for work and had a tribual adjourned a few weeks ago whilst I had advice to go onto support bit. We are going to really struggle being £400 a month worse off.

pmlindyloo

As rogerblack says you can remain on ESA and get NI credits but you will not receive any money if your OH is working full time.

It may be that you are now entitiled to more benefits.

What ones are you receiving at the moment?

You should inform the relevant benefits office of your change of circumstances when your ESA ends.

You can put your details into the benefit calculator here:

http://www.turn2us.entitledto.co.uk/entitlementcalculator.aspx?ref= to find out your entitlement.

If your OH works at least 24 hours a week you should be looking at whether you can claim the following:

Child benefit (set amount)
Working and child tax credits
Housing Benefit
Council Tax benefit.

loudmouth

pmlindyloo wrote: »

As rogerblack says you can remain on ESA and get NI credits but you will not receive any money if your OH is working full time.

It may be that you are now entitiled to more benefits.

What ones are you receiving at the moment?

You should inform the relevant benefits office of your change of circumstances when your ESA ends.

You can put your details into the benefit calculator here:

http://www.turn2us.entitledto.co.uk/entitlementcalculator.aspx?ref= to find out your entitlement.

If your OH works at least 24 hours a week you should be looking at whether you can claim the following:

Child benefit (set amount)
Working and child tax credits
Housing Benefit
Council Tax benefit.

Thank you so much. Am going to that right now this very minute.Will let you know how I got on xx