Thrown off ESA onto Jobseekers

NeilCr

Some information here

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-money-and-benefits-during-reconsideration/

For what reason was your father not awarded ESA?

patman99

This has happened to my son. The info about the success rate at tribunals might spur him to go to the tribunal stage rather than staying on jsa for 6 months, then sticking in a new ESA claim.

epitome

ESA found "fit for work" (it's actually found to have no LCW)

Advised to claim JSA during Man recon - he does not *have to* but he might need to to get money coming in.

To make a claim for JSA a claimant must at the outset be available for work and looking for work.

He cannot be treated as looking for work if he is saying "I can't look for work because I have a sick note"
His JobCentre advisor has been nice and told him to "put that away" they could have refused the claim.

Once the JSA is up and running and the 1st payment of JSA has been paid....then and only then, can an extended period of sickness EPS be considered on JSA. It is nothing to do with 2nd appointment, because the claim may still not yet be in payment.

A JSA claimant does not need to have a condition not likely to last more than 13 weeks for EPS to be granted, the rule is the EPS can only be for 13 weeks, after which time, if the claimant is still unable to work...JSA is closed and they have to claim ESA.

According to the guidance, JSA can only grant an EPS if the sicknote or condition is different or has worsened since the ESA decision was made. Most JSA advisors won't know this and will just blindly award an EPS on the same condition.

But bearing in mind all the above...a JSA claimant who presents the jobcentre a sicknote is by default telling the jobcentre that he is no longer looking for work. If the jobcentre knows the rules, and the sicknote is not evidence of new or worsened...., that claimant is taking a risk of claim closure. If, however, that claimant presents a sick note and declares that they are still available for and still looking for work but they would like the Jobcentre to consider a request for an EPS decision to be made and if and only if the jobcentre agrees to grant an EPS then the claimant will stop looking for work once the EPS has been granted.....that could be a way to avoid possible claim closure.