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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

JSA or ESA when appeal notification acknowledged?

Shazz
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Welfare Reform Team Northwards Housing Manchester

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Total Posts: 32

Joined: 14 April 2015

Hi

My client failed his WCA for ESA and asked for mandatory reconsideration which was upheld. He has since completed the SSC1 form to lodge and appeal and he has received a letter from The Tribunal Service which acknowledges that he wants to appeal.

Meanwhile, he has gone without any benefit for several weeks whilst this has been going on and he was advised to claim UC. It has since transpired that he can’t apply for UC and has applied for JSA which has delayed things even further. He has now been to see his work advisor after signing on today and advised his first payment of JSA should be this Thursday 29th Sept. (he came off his benefit on 22nd June and has asked for it to be backdated to this date.)

He has now been told by DWP that now that he is claiming JSA he will have to stay on this? I thought once it goes to appeal stage that he would be able to swap back to ESA assessment phase? My concern is that I don’t want to rock the boat as he has been without any money since 22nd June so until his JSA definitely goes into payment to leave it be but then ask to go back on ESA?

Please could anyone suggest how to go about doing this? It seems that the advice from DWP seems to change all the time.

Thanks

Shazz
forum member

Welfare Reform Team Northwards Housing Manchester

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Total Posts: 32

Joined: 14 April 2015

Hi, I’m wondering if anyone may be able to offer any suggestions to my above post? I’m still trying to help this client but unclear if he is able to now start claiming ESA again as he has started to claim JSA while trying to sort out the problems with his ESA appeal. Once they write to him acknowledging his appeal will he now be able to contact DWP (ESA) to notify them of this and put ESA assessment phase back into payment and cancel his JSA? Any advice is most appreciated. Thanks

Ali Lord
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Welfare Rights Worker, CPAG in Scotland, Glasgow

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Total Posts: 11

Joined: 9 December 2013

Hi Shazz

It depends on whether this is his first WCA failure or not. If it is, then he should be able to get ESA pending the appeal, and this should be paid for the period when the MR was being considered as well. If it’s not, then he won’t be able to get ESA pending appeal and will have to claim JSA.

If he’s entitled to ESA now that he’s appealed, it isn’t a new claim - the DWP should put his ESA into payment once they have received notice from HMCTS that his appeal has been lodged.  In our experience they have got better at doing that, but it seems there are still problems. I would speak to the ESA lot to see what’s happening if you think he should be entitled to ESA. If they continue to say that he has to claim JSA, I would ask for their reasoning, then use the escalation routes.

If you’ve got the CPAG handbook, have a look at p1005 onwards.