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Possible to be refused both ESA and JSA???
The following scenario is bothering me (I haven’t seen one yet, but fear I may) - is it possible for someone to end up being refused both ESA and JSA?
Like so:
Claimant loses ESA – fit for work
Goes on to JSA either while MR is done, or long-term
Falls ill – goes in to Extended Period of Sickness
EPS ends, told by JC to make a new claim for ESA and close the JSA claim
New claim for ESA falls foul of remodelled Reg 30 – refused, or not payable till WCA
Claimant must claim JSA
JSA refused as claimant is not capable of work and should claim ESA
But any new claim falls foul of ESA Reg 30….(etc)
I spoke to the DWP about a similar scenario a while ago & was advised that the JSA claim must go ahead as the DWP has ” deemed” the claimant ” fit for work”.
And has also recognised an easy target for sanctions!
I have this situation ongoing for a client at present. Can’t reclaim ESA as no “significant worsening” of health conditions (mental health), so a catalogue of sanctions as client lacks the capability to fulfil conditionality. JCP staff sympathetic but unwilling to flag up the unsound fit for work decision, as would be “more than my job is worth”, or “we’ve been told not to flag up these cases”!
And has also recognised an easy target for sanctions!
I have this situation ongoing for a client at present. Can’t reclaim ESA as no “significant worsening” of health conditions (mental health), so a catalogue of sanctions as client lacks the capability to fulfil conditionality. JCP staff sympathetic but unwilling to flag up the unsound fit for work decision, as would be “more than my job is worth”, or “we’ve been told not to flag up these cases”!
equality act? mental capacity act?
I would like to follow either route, but GP is not playing ball! (“Not my job to police the welfare system”).
I would like to follow either route, but GP is not playing ball! (“Not my job to police the welfare system”).
It is his job to protect the wellbeing of his patients surely?
What about the hippopotamus oath or whatever its called?
I hate GPs who just leave their patients to drift like this, its unnecessary.
There is another scenario.
Joe bloggs SSP runs out, so he claims ESA.
Employer kindly keeps job open until joe gets better
fails medical
Cant claim ESA again , and as he still has a job (and no P45) he cant claim JSA either.
There is another scenario.
Joe bloggs SSP runs out, so he claims ESA.
Employer kindly keeps job open until joe gets betterfails medical
Cant claim ESA again , and as he still has a job (and no P45) he cant claim JSA either.
He can claim JSA. He’s treated as not in remunerative work. See p986 of CPAG Handbook
I have a tribunal upcoming where client was on JSA following a negative WCA decision - this had caused them to get into such a state that their work plan was simply to get a medical certificate and make a new claim for ESA. DWP submission is adamant that this is not evidence that might suggest client’s health has deteriorated and states that work coaches “are not trained to make these decisions”. Nice to see that the DWP has such confidence in its employees!
A previous client with learning difficulties was in the same situation - her workplan said see Welfare Rights about her appeal and that was all - proved brilliant evidence for her ESA appeal and resulting support group so make a copy of it!