Allowed only 1 Extended Period of Sickness in a lifetime?

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Janmarie35
Janmarie35 Posts: 1 Newbie
in Benefits & tax credits
I became sick on Friday 13th July and Dr gave me a sick note to cover me for a month - I filled in a JSA28 form because I am on Job-seekers allowance. I was told that I didn't need to sign on again for a month and if I was still sick at the end of that month I would need another sick note.

That same day I received a phone call from a lady at the DWP telling me that I could not have an Extended Period Of Sickness (EPS) because I had, had one back in 2016 and that my claim would probably now be closed. I replied that I thought I was allowed up to 13 week EPS in any 12 month period and because the last one was 2 years ago I should be eligible. She repeated that I was only allowed ONE EPS. I asked her to confirm that she meant only ONE EPS in my lifetime and she replied YES!

I have looked online to try and find out if the law has changed but can't find any mention.

Can anyone help?

Thanks :-)

Comments

  • clairec79
    clairec79 Posts: 2,512 Forumite
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    I always thought it was only 2 weeks sickness on JSA before it had to be changed so I'm no help
  • i_want_to_believe
    i_want_to_believe Posts: 152 Forumite
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    Rolling 12 months

    https://search3.openobjects.com/mediamanager/reading/enterprise/files/130415_esp_claimant_leaflet.pdf
  • Alice_Holt
    Alice_Holt Posts: 5,964 Forumite
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    edited 16 July 2018 at 6:13PM
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    I too believe it is once in any rolling 12 month period.
    The relevant ESA Regs are 19(1) & 55ZA; JSA Regs 2013, reg 46A

    Reg 46A states:
    "(5) This regulation does not apply to a person on more than one occasion in any one
    period of twelve months starting on the first day applying for the purpose of paragraph (4)."

    This could be helpful to quote at the ill-informed JSA employee:
    https://search3.openobjects.com/mediamanager/reading/enterprise/files/130415_esp_claimant_leaflet.pdf

    "If you are sick and not fit for work you can keep claiming JSA if you have:
    - two short periods of sickness of up to 14 days in any jobseeking period, or
    within each successive 12-month period if your jobseeking period lasts longer
    than 12 months, or
    - a third or longer period of sickness of up to 13 weeks in a fixed 12-month
    period starting from the first date of your sickness. We call this an !!!8220;Extended
    Period of Sickness!!!8221;. You must have medical evidence if you are sick for
    longer than two weeks, and you can only have one Extended Period of
    Sickness in any 12-month period."    "
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • TELLIT01
    TELLIT01 Posts: 16,520 Forumite
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    It is worrying when an advisor gets something so basic totally wrong. I accept that they can't know every variant of the rules but that one is fundamental to the way JSA sickness is handled.
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