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Esa after WCA
Comments
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The second course here is to put in a MR and apply for JSA and then if the MR doesn't work out reclaim ESA once an appeal has been submitted and accepted if ESA can be paid pending an appeal. Both will involve the OP having to obtain ongoing fit notes from a GP though.
The other way to reclaim ESA, and this is something the OP touched on in an earlier post is to reclaim ESA on the grounds of a new condition or on the grounds that an existing condition has got much worse.
New claims for income based JSA or ESA are no longer possible because they have been replaced by UC.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
Of course you're right, i didn't look at it this way, thank for that.Are we sure about this. For the SDP Gateway to apply doesn’t the claimant have to have been entitled to SDP in last month and to continue to meet the qualifying conditions. If they have been found Fit for Work surely they don’t meet the second part of the test in respect of ESA so are not excluded from claiming UC.
The SDP Gateway will only apply, I think, if they are also claiming Housing Benefit which will still include the SDP.No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom –
(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.0 -
Yes, I was assuming Housing Benefit would be in payment in my previous answer. If HB is in payment then the OP will not be able to claim UC. The guidance from the Citizens Advice is that a claim to JSA (or ESA pending an appeal) can be made:Are we sure about this. For the SDP Gateway to apply doesn’t the claimant have to have been entitled to SDP in last month and to continue to meet the qualifying conditions. If they have been found Fit for Work surely they don’t meet the second part of the test in respect of ESA so are not excluded from claiming UC.
The SDP Gateway will only apply, I think, if they are also claiming Housing Benefit which will still include the SDP.No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom –
(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and
(b) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.
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/
plus also
https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/Severe-Disability-Premium-and-Universal-Credit#guide-content
which states much the same. My understanding is that where there is entitlement to a SDP then provisions allow a new claim to a legacy benefit to continue to be made.0 -
In addition to the two links above there's alsoNew claims for income based JSA or ESA are no longer possible because they have been replaced by UC.
https://www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/jobseekers-allowance-jsa/before-you-claim-jsa/check-if-you-can-get-jsa/
which states:Check if you can get income-based JSA
Universal Credit has replaced income-based Jobseeker’s Allowance (JSA) for most people.
You can only make a new claim for income-based JSA if you’re getting, or recently stopped getting, a benefit with a severe disability premium (SDP).
You might be getting an SDP with:- income-based Jobseeker’s Allowance
- income-related Employment and Support Allowance
- Income Support
- Housing Benefit
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Hi guys thank you so much.... I don’t think I I can go on JSA as it UC now x0
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poppy12345 wrote: »Do you claim housing benefit?
OP, this is the crucial question. If you do not receive Housing benefit you cannot claim old income based JSA or ESA and will need to claim UC if you need income now.
If you do receive Housing Benefit your personal allowance for HB will include a Severe Disability premium in which case you cannot claim UC and claim old style JSA in the meantime etc ads described by robbie64.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
Hi yes I receive housing benefit and I also got a premium on my esa severe disability so your saying I can claim old style jsa ?0
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Your SDP on the ESA no longer exists because your claim for ESA has ended.Hi yes I receive housing benefit and I also got a premium on my esa severe disability so your saying I can claim old style jsa ?
As you're claiming housing benefit then the SDP is in there, this will mean that you can't apply for UC as advised in a previous thread, it will be Income Related JSA.0 -
I see ok thank you I will ring the job center tomorrow ����0
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