JSA backpay if you stop claiming

marc1981

Hi,
Long story..
I made a claim for JSA two months ago,

Received a phone call from them the night before the first visit saying "your wife works so you'll be turned down don't bother attending"

Called welfare rights to seek information about benefits recently and was told that the info I was given was wrong and I could claim contribution based JSA

Called JSA who confirmed this and was sent a backpay form.

This was for 8weeks pay. I was job searching in this time

I have now signed on but haven't received any payment yet.

I've realised that JSA might be the wrong direction as having to attend the 'job club' has triggered my anxiety.

So I'm thinking of applying for ESA instead.

If I do this will I lose my right to the backpay?

Any help or advice would be beneficial.

Thank you

TELLIT01

You can only claim ESA if you have a medical certificate from your GP to say you are unfit for work. It's unlikely that a doctor would backdate a medical certificate unless you have been seeing them for the period you want it backdating to cover. As you were originally claiming JSA it seems you were fit to work at that time.
Is the back pay you are referring to payment for the period when you were wrongly informed you couldn't claim? If so, there is no obvious reason why a new claim would affect any entitlement on that basis.

Mersey_2

No, they're separate matters (and time periods). Your claim for backdating should succeed, as being provided incorrect information by the JCP staff is 'good reason' for your failure to attend.


(It's also maladministration should you wish to complain, especially if your backdating application fails - ie either way you will be compensated for the contributions-based JSA you should have received but for the false information provided by JCP staff).


Sadly it's a common error - a lot of JCP staff seem to forget about conts-based JSA!


If you wish to apply for ESA at a future date that's upto you, but there are different qualifying requirements.

marc1981

Yes the backpay is for the period that I was wrongly informed about, the back pay is referring to JSA only not ESA.

My main worry was that because my current JSA claim is very new (not received first payment) opting to leave JSA might affect my pay for the period of time that I am claiming backpay for.

Thank you for the reply

marc1981

Mersey,
Thank you for your reply! Very informative and helpful.

Bogof_Babe

Received a phone call the night before the first visit saying "your wife works so you'll be turned down don't bother attending"

Just for clarity, was the call you received "the night before" from JCP? I didn't know they worked evenings, so read it as you had been wrongly advised by a mate?

Not nit-picking, just getting the facts straight!

marc1981

Bogof_
Sorry, I worded it wrongly.
The day before.
It's on my application notes at the job centre, so definitely not a 'mate'
Hope that has cleared things up for you.
Strange thing to focus on!

Bogof_Babe

marc1981 wrote: »

Bogof_
Sorry, I worded it wrongly.
The day before.
It's on my application notes at the job centre, so definitely not a 'mate'
Hope that has cleared things up for you.
Strange thing to focus on!

Not at all... if you had taken the word of a mate you wouldn't have much of a case for having missed your original appointment.

Thanks for putting me straight .

marc1981

Bogof_Babe wrote: »

Not at all... if you had taken the word of a mate you wouldn't have much of a case for having missed your original appointment.

Thanks for putting me straight .

No problem.
I just have to now hope that my 'mate' didn't set up a fake JSA website and build a fake job centre, employee fake advisors and hire lots of extras to act as people looking for jobs... All in an elaborate prank to do me out of some money!
Fingers crossed

Bogof_Babe

No need to be sarky :rotfl: . I see you have now amended your first post to clarify that the call was indeed from JCP. You must admit that without those extra words "from them" it could be ambiguous.

Anyway I'll not prolong this pointless debate on semantics. Hope you get a satisfactory outcome.

Tommo1980

You can always get a fit note from your GP. You can have an extended period of sickness on JSA, up to 13 weeks with a fit note.

Gives you some time to decide what you want to do and research whether you could meet the descriptors for ESA.

Tom