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    • Roundhay23
    • By Roundhay23 9th Nov 19, 1:39 PM
    • 9Posts
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    Roundhay23
    Sick on JSA
    • #1
    • 9th Nov 19, 1:39 PM
    Sick on JSA 9th Nov 19 at 1:39 PM
    If someone is claiming JSA and becomes long term sick ill at what point will their JSA stop? If their JSA stops and they claim Universal Credit with they be referred for a Work Capability Assessment straight way? If so will they still wait for an least three assessment periods before they receive the additional limited capability for work and work-related activity element in their Universal Credit if eligible?
Page 1
    • sportsarb
    • By sportsarb 9th Nov 19, 2:22 PM
    • 1,000 Posts
    • 694 Thanks
    sportsarb
    • #2
    • 9th Nov 19, 2:22 PM
    • #2
    • 9th Nov 19, 2:22 PM
    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.
    • NedS
    • By NedS 9th Nov 19, 2:25 PM
    • 165 Posts
    • 97 Thanks
    NedS
    • #3
    • 9th Nov 19, 2:25 PM
    • #3
    • 9th Nov 19, 2:25 PM
    You can have an extended period of sickness for up to 13 weeks on JSA, whilst covered by a fit note from your GP. After that, if not fit to return to (looking for) work you will need to claim UC. You can of course claim UC straight away if you are long term sick, you do not have to stay on JSA.
    • calcotti
    • By calcotti 9th Nov 19, 2:34 PM
    • 3,808 Posts
    • 2,571 Thanks
    calcotti
    • #4
    • 9th Nov 19, 2:34 PM
    • #4
    • 9th Nov 19, 2:34 PM
    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
    • By NedS 9th Nov 19, 2:40 PM
    • 165 Posts
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    NedS
    • #5
    • 9th Nov 19, 2:40 PM
    • #5
    • 9th Nov 19, 2:40 PM
    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).
    Originally posted by calcotti

    That is my understanding of the regulations.
    • calcotti
    • By calcotti 9th Nov 19, 3:19 PM
    • 3,808 Posts
    • 2,571 Thanks
    calcotti
    • #6
    • 9th Nov 19, 3:19 PM
    • #6
    • 9th Nov 19, 3:19 PM
    That is my understanding of the regulations.
    Originally posted by NedS
    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!
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