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New Style contribution JSA/ESA & HB in full service UC area

Nan
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Generalist team - Hammersmith & Fulham CAB

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Does anyone in a full service UC area have direct experience of clients who are in receipt of HB, lose their job/become ill and claim a New Style contribution JSA or ESA?  Will the New Style claim trigger a stoppage of HB? How does the claim process work? Does the client HAVE to do it through a UC online claim and therefore declare housing costs or is it possible to make a paper claim which does not involve asking for housing costs as HB is already in payment? Clarification from local JCP and council has been sought but no definitive answer.

Daphne
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Claiming new-style JSA or new-style ESA should not stop the HB claim - the only thing that does that is claiming UC. The method for claiming the new-style benefits is now on gov.uk - https://www.gov.uk/guidance/new-style-employment-and-support-allowance and https://www.gov.uk/guidance/new-style-jobseekers-allowance

You do have to ring the UC service centre but you should be able to get a paper claim form sent out to claim the appropriate benefit - you should not claim UC.

If you have trouble getting the forms use the ones here - http://www.rightsnet.org.uk/forums/viewthread/10661/

Michele_J
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Brighton Housing Trust

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Yes, I have significant issues with the claims for New Style ESA. I am working with cancer patients, their families / carers.
In full service area, quite a few of my clients have partners who are worker and will not have an entitlement to UC. However, they have been working and have paid National Insurance contributions and have an entitlement to “New Style ESA” i.e. contribution based.
The claimants have to call the UC Service Centre to receive an application form by email .. now they can request a paper copy. This form does not have an entry for National Insurance number. The claimant (even when on chemotherapy… i.e. after an operation, on radiotherapy… or whatever cancer treatment) can possibly have a home visit (with complications) for the appointment to have their identity checked (!!!) and an interview with JCP.. and then, they are liable to work coach interviews until such a time that their LCWWRA is confirmed.

This is outrageous as we know there are delays in the processing of UCESA50 and cancer patients by regulations (2013) are exempt from a face to face assessment and deemed to be LCWWRA if they are in treatment, due to have treatment within the next 6 months or in recovery from treatment.

JCP is being totally obtuse about it and continues to tow the ‘social control’ line, that they will apply discretion to the circumstances of the client but discretion is not good enough as it is infringing on rights .. as they are LCWWRA if and only if the DWP processed their claims in a timely manner which as we know can take way beyond the 13 weeks/ 3 months assessment period. During this time these claimants are going through gruelling physical and emotional ordeals, with daily sometimes appointments, stress, pain, fatigue….

We have also found that a terminally ill client had to go through the same process (i.e. the ID part of it) at the onset of the claim, and they wouldn’t check the DS1500 that was submitted for PIP…as in these cases the SG is applicable from the start of the claim…

So there is theory but here come the practice. All the cases that I base this comment on, did not have a claim / entitlement for UC because partners earned too much….

Michele_J
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Brighton Housing Trust

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Sorry I understand that my comment is tangential and not responding to issues of HB specifically here. But overall, I am finding the transition to a full service area bad in practice and very stressful for my client group whose partner may wish to reduce their working hours to be more available during the period of treatment even though they may not reduce them enough for any entitlement to Carer’s Allowance for example, or would not be able to claim Carer’s Allowance because they have to wait for the completion and decision on a claim for the Personal Independence Payment which takes ... time….! Reducing working hours goes against the grain of the ethos and ‘in work conditionality’ underpinning UC claims and again, we are now totally trapped with the ‘discretionary’ powers of JCP so called.. and this client group is really stressed and struggling with this. At that point they may have also HB applicable in their UC claim when hours are reduced. So managing the combination of a new style ESA claim for the cancer patient, top up with UC with partner working inc HB is fraught with hurdles and stress. I think that we are going to have difficulties to ‘protect’ the ‘New Style ESA / C-ESA’ claim to ensure its longevity once the partner goes back to work fully and likely (for many of my client) move out of entitlement to UC (means-tested top up) .. at that point the cancer patient potentially in recovery should continue to receive just the ‘new style ESA / C-ESA’ which remains non means-tested. It is grinding.

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Are you in Brighton Michele? - full service has not arrived in Brighton yet ... May just be the name.

I agree though, very complicated, and nothing that in any way could be considered support ...

Michele_J
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Brighton Housing Trust

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I am working on the whole of East Sussex. So I am talking about the full service area in Hastings now… and from October 2017 this will affect all client in the Eastbourne area too. !

Michele_J
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Brighton Housing Trust

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David, the Brighton Housing Trust has offices in St Leonards on Sea / Hastings, Eastbourne and Brighton.