Thrown off ESA onto Jobseekers

Gecko10

Hi, my father was thrown off ESA with immediate effect two weeks ago and told he must claim jobseekers (JS). Since then his GP of many years who is aghast at the decision, has given him a not fit for work certificate for one month while they appeal. My dad took this certificate to his first JS appointment and was told not to hand that over because if he does he wont receive any money because he isn't fit for work. Can this be right, just to ignore the sign off? As far as I was aware if you had a GP sign off it's actually illegal for him to be working due to potential insurance claims against the employer? He is due to attend the job centre again today with proof he's been looking for employment, why would he be looking if he's unable to start?!

paragon909

Gecko10 wrote: »

Hi, my father was thrown off ESA with immediate effect two weeks ago and told he must claim jobseekers (JS). Since then his GP of many years who is aghast at the decision, has given him a not fit for work certificate for one month while they appeal. My dad took this certificate to his first JS appointment and was told not to hand that over because if he does he wont receive any money because he isn't fit for work. Can this be right, just to ignore the sign off? As far as I was aware if you had a GP sign off it's actually illegal for him to be working due to potential insurance claims against the employer? He is due to attend the job centre again today with proof he's been looking for employment, why would he be looking if he's unable to start?!

He has to follow the rules of JSA and UC which is to look for work whilst claiming that benefit, DWP medicals overrule any GP sick note. Why doesn't he put in an appeal or mandatory reconsideration etc. If the GP is aghast as you put it, Also get a supporting letter stating the ailments and how they effect him etc.

Gecko10

paragon909 wrote: »

He has to follow the rules of JSA and UC which is to look for work whilst claiming that benefit, DWP medicals overrule any GP sick note. Why doesn't he put in an appeal or mandatory reconsideration etc. If the GP is aghast as you put it, Also get a supporting letter stating the ailments and how they effect him etc.

Thanks for the prompt reply, he is appealing yeah, I just didnt think he would have to look for work while a GP says he is unfit to start a job.

Diamandis

To get JSA he needs to be looking for work. If he needs the money then he will have to look for work as per their rules.

He's been taken off ESA and his GP can't overrule that.

biggysmaller

What an awful position to be in. This happened to me some years back. Claiming JSA is so incredably buerocratic and stringant these days that it a job in itself to stick within their criteria and not be sanctioned! Personally, I found it incredibly stressful - my 'job coach' wasn't so much looking to help me back into work but rather finding ways to get me off JSA due to the complexity of keeping job searcing diaries and appointments etc. Long gone are the days when signing on was simply a visit to a booth and a quick signiture once a fortnight!
My advice would be to visit your local CAB office and have them fill in the Mandatory Reconsideration. They are a very useful service.

Gecko10

biggysmaller wrote: »

What an awful position to be in.
My advice would be to visit your local CAB office and have them fill in the Mandatory Reconsideration. They are a very useful service.

If he fills in the mandatory reconsideration, does that mean he wont be on JSA?

PasturesNew

He should look for work - it's easy to never be offered a job. Thousands of people every day are trying HARD to get one and interview well and still not being offered the job ..... so it can't be hard to just ensure you "don't get picked".

Big typos in a CV are a starting point.... then, if interviewed, just "look shifty" and sound confused or talk poorly. And/or go on and on and on and on and on .... about what's wrong with him.

poppy12345

Gecko10 wrote: »

Hi, my father was thrown off ESA with immediate effect two weeks ago and told he must claim jobseekers (JS). Since then his GP of many years who is aghast at the decision, has given him a not fit for work certificate for one month while they appeal. My dad took this certificate to his first JS appointment and was told not to hand that over because if he does he wont receive any money because he isn't fit for work. Can this be right, just to ignore the sign off? As far as I was aware if you had a GP sign off it's actually illegal for him to be working due to potential insurance claims against the employer? He is due to attend the job centre again today with proof he's been looking for employment, why would he be looking if he's unable to start?!

This is his problem. What he should have done is taken the fit note to his 2nd JSA appoinment and not his first one. Then he would have had an extended period of sickness for up to 13 weeks while waiting for the MR decision.

The MR decision will most likelt remain the same so you'll probably have to take it to Tribunal because only 20% of MR are successful. 65% of those who appear at their Tribunal have a decision in their favour.

Is this your father's first Tribunal for ESA? if so then once the Tribunal have accepted his appeal then he'll be able to go back onto assessment rate of ESA. If it's not his first Tribunal then he won't be able to go back onto assessment rate while waiting for the Tribunal.

Unfortuately as others have said, it makes no difference at all if a GP thinks a person is unfit for work. ESA can and do over rule this.

Gecko10

poppy12345 wrote: »

This is his problem. What he should have done is taken the fit note to his 2nd JSA appoinment and not his first one. Then he would have had an extended period of sickness for up to 13 weeks while waiting for the MR decision.

His 2nd JSA appointment is later tonight, should he take the fit note?

He hasn't given over a fit note as yet, they didn't take it and he is officially on JSA.

biggysmaller

Read the post above - take the fit note in on your second Job Centre visit and you will have a 13 week period.

biggysmaller

This will help you - Got this from another post on here:

If you look at the regulations and decision maker's guide mentioned in the link you will see that this extended period of sickness is for those who have a claim for JSA.

Therefore it is very important that you go to your first interview and continue the claim in the respect of that you have been found fit for work. You should not present your fit note at this first interview as this contradicts the fact that you have been found fit for work.

It is after this first interview that you can present your fit note. According to the regs you are saying that you do not expect your illness to last longer than 13 weeks so if asked, you need to say this.

OK, so this may not be the truth but such is the system that people who are unable to fulfil any job seeking requirements are still having to claim JSA whilst waiting for a mandatory reconsideration for ESA.

This may be 'playing the system' but as far as I am concerned, in this particular scenario, you need to do so.

Of course, any job seekers agreement should take account of your disabilities and you may find that they can be adjusted to allow you to carry them out. Not knowing your particular circumstances you must make this decision as you see fit.