Sick on JSA

If someone is long term sick from the outset, like their doctor is prepared to give them a line for 13 weeks or longer at the first appointment, then the claim for ESA or UC should be made straight away because it will be clear that JSA is not the right benefit to be on at that point.

If it has been a series of lines that have now reached 13 weeks then the claim should be made at the 13 week mark.

The WCA referral should be made straight away but the actual waiting time might still mean that there is a wait before any decision is made on the WCA but the period of LCW served on JSA should be taken in to account on the ESA or UC claim.

*This is how it worked in NI. Apologies if DWP operate it differently in GB than NI.

You can remain on JSA for an extended period of sickness up to 13 weeks. See JobSeeker Regulations 2013 regulation 46A or Jobseeker’s Allowance Regulations 1996 Regulation 55ZA.

I am finding it hard to follow the wording but I think the provision is then that if you claim UC whilst on an EPS under JSA then the EPS period on JSA counts towards the three month waiting period before LCWRA can be paid under UC (subject to the outcome of the WCA).

The explanatory note to The Universal Credit (Transitional Provisions) Regulations 2014 https://www.legislation.gov.uk/uksi/2015/339/note/made says "Regulation 6 amends the Universal Credit (Transitional Provisions) Regulations 2014 (S.I.2014/1230). This is so that where an award of UC immediately follows an award of JSA and the last day of the award of JSA was in an extended period of sickness, the UC award may include an element for limited capability for work or for work-related activity only after a period of 13 weeks starting on the first day of that extended period of sickness."

I think the way this works is that under the JSA rules you can be ill for a maximum 13 weeks but, in order to be eligible to still receive JSA, you have to be treated as capable for work. The transitions regs then effectively say that where you have been treated as capable of work, even though you weren't, then that period of time should be counted part of the relevant waiting period for UC. In respect of the language used it seems to be incredible sort of tying in knots!

NedS wrote: »

That is my understanding of the regulations.

Just absurd that they only way I good reach that conclusion was to read the Explanatory Note - I would be very hard pressed to arrive at that understanding from reading the various bits of legislation themselves!