Need iinfo quick on ESA Appeal

Neva

Hello there its been a while since i used this forum but if i remember correctly there are alot of very helpful members here.

Ok here goes,i have been on ESA appeal since xmas and while on appeal i am on JSA,now i have been offered a job interview and need to know if this legal..I feel like i need to go to this interview as alot of people i know have been getting sanctioned and i can no way afford that. So i would like to know am i aloud to go for an interview while waiting on my ESA appeal??

What would happen if i got offered the job? It doesnt actually start until after my appeal hearing,i still feel that im unable to work but if i fail my appeal i really cant continue financially just on JSA..

Is it legal to go to this interview and then take the job if i fail my hearing??Or is it wrong of me to even go for an interview?

Im really confused and i cant stop worrying but if i do fail my appeal i will seriously be in a financial mess..And if i do fail then i have the chance of this job almost straight after my appeal..Will i be breaking the Law??

Please any help out there... Thank you

rogerblack

If you are on JSA, you must take any jobs offered to you, unless you have very good cause not to.
If you do not, you may likely be sanctioned, and will not then be paid unless you manage to get hardship payments.
What stage of the ESA appeal are you at.
If your mandatory reconsideration has completed - and you have had the outcome decision from the DWP, once you send this to the tribunals service (which must be done within one month of recieving it) - your ESA can resume shortly afterwards - at the 'assessment' rate.
This will be the same amount as JSA.

A very important thing to understand about ESA is that ESA is not granted for being unable to work.
It is quite possible to be able to work, or indeed to do work, and meet the tests for ESA.
You will not be breaking the law - if your appeal fails, then nothing changes.

Neva

Im at the very last stage of my appeal,i have my date set which is very soon and have almost all my evidence prepared. I just couldnt afford to switch back onto ESA appeal rate when i received my Mandatory Reconsideration.I know its the same money but by the time they sort things out i just couldn't take the risk of waiting so have been on JSA.

I really just need to know if its legal to have a job as a safety net so to speak,as i dont know how this appeal will go, and i am in a financial struggle owing thousands of pounds to debt..Thats why im thinking can i go to the interview?? As i would need some sort of employment almost straight after the hearing if i fail..

Then what would happen if i actually got the job but won my appeal?? Im so confused

Any more help is very appreciated.

richard9991

Neva wrote: »

Im at the very last stage of my appeal,i have my date set which is very soon and have almost all my evidence prepared. I just couldnt afford to switch back onto ESA appeal rate when i received my Mandatory Reconsideration.I know its the same money but by the time they sort things out i just couldn't take the risk of waiting so have been on JSA.

I really just need to know if its legal to have a job as a safety net so to speak,as i dont know how this appeal will go, and i am in a financial struggle owing thousands of pounds to debt..Thats why im thinking can i go to the interview?? As i would need some sort of employment almost straight after the hearing if i fail..

Then what would happen if i actually got the job but won my appeal?? Im so confused

Any more help is very appreciated.

The Appeal will only be interested in your health when you were refused ESA

Neva

Im still confused and am really sorry for asking again but basically i wont get into any trouble if i attend the interview??

As i have said my appeal date is real close but i know it can maybe go against me so i have to think of my future..

If i pass my appeal i have read that i can actually work for 16 hours or up to 100 pounds,is that info defo correct??

Sorry for the questions but i just cant risk getting into trouble or break the Law.. Thank you

Indie_Kid

You won't get into any trouble. As mentioned, your appeal is based on how you were at the time and not now. Some people find that over time, their health improves enough for them to do some work.

You wouldn't be breaking any laws by attending any job interview.

Neva

Thank you for the info,obviously im appealing against there decision that im fit to work,but i also got to accept that i most likely will fail my appeal..Thats why i need to think what will happen in the future..

Thank all who helped..

HB58

If you want to work and remain on ESa you must get agreement gfrom DWP, before you start the job, that it would be classed as permitted work. This is entirely down to the DWP to decide.