Income Support & ESA & Income Support again

JaneDoeJohnDoe

Ok, I've been reading loads of web posts, say you get IS for disability reasons & get migrated to ESA. You have to then do the dreaded ESA50 & talk to Atos. You fail to get enough points to get ESA in any format. You are made to go & claim JSA. However, you decide to appeal ESA decision, as for JSA you have to be "fit for work" & you feel you are not. As part of the pre-appeal process there is I believe a mandatory reconciliation period in which a different DWP Decision Maker has to go through your paperwork. But you can not I am also led to believe claim the "appeals" rate ESA whilst this happens, so your IS for sickness ends. Remember you can't claim JSA as not "fit for work". Therefore, all you can do is re-claim Income Support (provided you send in sick notes) https://www.gov.uk/income-support/eligibility
which seems bizarre.

Therefore, is there a loophole whereby if you get turned down for ESA & the different DWP DM says no, & then your appeal fails, but your doc is happy to supply sick notes you could just keep on repeatedly claiming IS (for disability reasons) again & again & thus not have to sign on? :doh::think: I'm asking as the whole process seems confusing & the MSE folk on here tend to be knowledgeable.:T

Indie_Kid

You can't claim IS for disability reasons as a new claim any more.

pmlindyloo

If found not entitled to ESA then basically they are saying that you are 'fit for work' so if you want to appeal you have to go through the reconsideration process and during the reconsideration process you cannot receive ESA and might have to apply for JSA. The fact that your doctor is issuing fit notes has no bearing on this. You have been found fit for work and can apply for JSA.

When claiming JSA (for what should be a short period only) you should ask to speak to a Disability Advisor so that your disabilities can be taken into account when writing your job seekers agreement. If you are too ill to attend the Job Centre then you can call in sick. You are allowed two periods of sickness in one year. (you need to complete a form.) Job Centres have been advised of this group of people who are going through reconsideration and claiming JSA whilst waiting to appeal so, in theory, things should go smoothly. I have not heard of anyone claiming JSA in these circumstances facing difficulties with their claim.

In theory this should work until you can start your appeal and get back onto the assessment rate of ESA.

I think the confusing part is when you are going through reconsideration you are allowed to continue to claim IS -not on disability grounds- but if you meet any of the other criteria which entitles you to Income Support. eg lone parent with child under 5 - instead of JSA.

JaneDoeJohnDoe

Ok. That sounds a sensible explanation to a very convoluted way of doing things. The crazy thing is to get appeals rate ESA you have to send in sick notes whilst awaiting the appeal.
So, you could go pre-ESA disability benefit (ie unfit for work) to JSA (fit for work) to Appeals ESA (unfit for work via GP certficate) to real ESA Support group (unfit for work) & your actual condition not changed at all!
That is completely barmy.:eek::huh::think::wall:
Something tells me that the only reason for this is so that people will give up! :mad: