Esa?jsa?

inris2

HI

Hopeing someone can help.

I have recently had a major heart operation and was receiving SSP for the last few months. I moved in with my girlfriend so she could look after me however this resulted in me being some 45 miles from my place of work.
My company and I agreed that I should leave work as I wouldnt be able to make the commute as my car went to scrappy heaven just before my operation and I'll have to get 2 trains, 2 busses and a 2 mile walk (3-4 hour journey via public transport) to get to work and back.
My work notice runs out tomorrow and although I have been signed off from work for another month I will not be receiving any SSP from tomorrow. I know I need to call the benefits agency tomorrow however I have no idea what I am to claim for. If I go for JSA (I feel well enough to go to work and want to get to work as soon as possible) would they decide that I have made myself unemployed and not award me anything for 6 months or do I apply for ESA due to me being signed off work for another month?
If I am in receipt of ESA would I go straight on to JSA after my doctors certificate runs out?

Thanks in advance.

Torry_Quine

inris2 wrote: »

HI

Hopeing someone can help.

I have recently had a major heart operation and was receiving SSP for the last few months. I moved in with my girlfriend so she could look after me however this resulted in me being some 45 miles from my place of work.
My company and I agreed that I should leave work as I wouldnt be able to make the commute as my car went to scrappy heaven just before my operation and I'll have to get 2 trains, 2 busses and a 2 mile walk (3-4 hour journey via public transport) to get to work and back.
My work notice runs out tomorrow and although I have been signed off from work for another month I will not be receiving any SSP from tomorrow. I know I need to call the benefits agency tomorrow however I have no idea what I am to claim for. If I go for JSA (I feel well enough to go to work and want to get to work as soon as possible) would they decide that I have made myself unemployed and not award me anything for 6 months or do I apply for ESA due to me being signed off work for another month?
If I am in receipt of ESA would I go straight on to JSA after my doctors certificate runs out?

Thanks in advance.

I would say that as you are still covered by a fit-note from your GP then you can claim ESA. You would need to send the fit-note in for the claim. Alternatively you could alim JSA and they will decide if a sanction is appropriate.

do you have NI contributions to get contribution based?

inris2

Thanks for the reply,

I think I have NI contributions as I have been working since I was 16 (36 now) with only a 9 month break from work because of redundancy some 4 years ago.
I'm just concerned that the JSA claim will get sanctioned as technically I have made myself redundant. I think its a good reason as to why but I guess its up to the lovely people at the benefits agency to agree. My girlfriend has allready had her tax credits drastically reduced as when I moved in

sniggings

go for esa, you will almost certainly get sanctioned as you left work, they are not bothered the reasons why.

The chances are you will fail the test for esa if you can breath but at least untill the assessment takes place you will get benefit, it can take upto 3 months, then just swap over to jsa.

pmlindyloo

sniggings wrote: »

go for esa, you will almost certainly get sanctioned as you left work, they are not bothered the reasons why.

The chances are you will fail the test for esa if you can breath but at least untill the assessment takes place you will get benefit, it can take upto 3 months, then just swap over to jsa.

Since you are still covered by a fit note then ESA is the appropriate benefit to claim.

Your employer will need to complete a form for you to claim. See here:

https://www.gov.uk/statutory-sick-pay/eligibility

As for how long you continue on this it will be up to your doctor as to whether he will issue with a fit note after the current one expires.

if the doctor says you re fit to work then you can change to JSA.

If he continues to give you a fit note then you can stay on ESA.

The money is the same for ESA (assessment phase) as it is for JSA.

As regards the sanction if you applied for JSA then you would have to show 'good reason' for leaving your job.

sniggings

pmlindyloo wrote: »

Since you are still covered by a fit note then ESA is the appropriate benefit to claim.

Your employer will need to complete a form for you to claim. See here:

https://www.gov.uk/statutory-sick-pay/eligibility

As for how long you continue on this it will be up to your doctor as to whether he will issue with a fit note after the current one expires.

if the doctor says you re fit to work then you can change to JSA.

If he continues to give you a fit note then you can stay on ESA.

The money is the same for ESA (assessment phase) as it is for JSA.

As regards the sanction if you applied for JSA then you would have to show 'good reason' for leaving your job.

as you know, having a fit note does not mean inself that ESA is the correct benefit to claim, you have to meet the terms of that benefit, which the OP is unlikely to do as he himself has said he is able to work.

The fit note the OP has is based on his last employment, it does not necessarily mean he is unfit for JSA.

"Showing good reason" is a term they like to use but I would love to see any reason accepted by these people, the OP has already said it was because of traveling, even on JSA they expect you to travel a 3 hour round trip so I wouldn't be taking a chance of getting sanctioned, I would claim esa, then swap over to JSA like you say they are both the same amounts anyway so imo he is doing nothing wrong, the way they have set up the system makes people work it like this. The tories are scum and after they get kicked out this time I can't see them ever getting back in.

rogerblack

sniggings wrote: »

as you know, having a fit note does not mean inself that ESA is the correct benefit to claim, you have to meet the terms of that benefit, which the OP is unlikely to do as he himself has said he is able to work.

Being unable or able to work is largely irrelevant for an ESA claim.
It's if you meet one or more of the descriptors for ESA.
For example - someone who becomes unconcsious once a week would be entitled to ESA - but may in some cases be quite able to work.

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

sniggings

rogerblack wrote: »

Being unable or able to work is largely irrelevant for an ESA claim.
It's if you meet one or more of the descriptors for ESA.
For example - someone who becomes unconcsious once a week would be entitled to ESA - but may in some cases be quite able to work.

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf

I know, that is why I said he was "unlikely" to meet the terms, he has clearly said he is able to work and it's the traveling that is the problem, I have directed my comments to that.

You would also agree that having a fit note in itself is not enough to meet the ESA terms.

inris2

Thanks for all the replies.

I am able to work with conditions... No heavy lifting, no standing for over 20 minutes etc etc... I used to work in transport so 50 % of the time in the warehouse and 50 % in a office so this is the 'mutual' agreement with work to leave, allthough work should of been able to accomidate, the main reason was the travel. I loved the job and was gutted that I had to leave.... Allthough I would of been looking at redundancy in November but found that out after I put my notice in

I want to get to work asap as I'm starting to get a little light on funds while being on SSP this ate into my savings drastically! But on the other hand, I dont want to end up unwell again.

I'll go for the ESA and prepare for the 3 month wait then swap to JSA if no job by then. I have the fit note for the next 4 weeks however it seems that nothing is simple anymore

Thanks again for the advise

epitome

sniggings wrote: »

as you know, having a fit note does not mean inself that ESA is the correct benefit to claim, you have to meet the terms of that benefit, which the OP is unlikely to do as he himself has said he is able to work.

This is incorrect, in the short term ESA is definately the correct benefit to claim. ESA is designed to accomodate short term claims with sicknotes. Having a sicknote is the only "term" (of terms relating to sickness atleast) of ESA that he will need to meet untill the WCA.

The fit note the OP has is based on his last employment, it does not necessarily mean he is unfit for JSA.

But it does definately mean he is eligible for ESA

epitome

OP

You should claim ESA until you can get no more sicknotes. (see below)

If your gf works Full Time (24 hours or more) you will need ESA Conts. Do not bother to claim ESA Income Related if you live with her and she works 24 hours or more.

If you get ESA Conts it can last upto a year. JSA Conts only lasts 6 months.
So claiming ESA first for say, 1 - 3 months will then mean you can get JSA C for a further 6 months after that.

Also claiming ESA first will bolster your argument that you had to give up the job due to sickness.... for when you come to claim JSA.

In terms of JSA they only look at employment ending in the last 6 months so if you can stretch the ESA for 6 months so much the better.

None of this ofcourse precludes you from looking for work whilst on ESA.