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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Failing WCA when still in employment - what to do next?

Andrea Peacock
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Housing - Endeavour Housing Association, Stockton on Tees

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Total Posts: 14

Joined: 5 December 2011

Hello

I have a client who is still employed and has claimed C-ESA since January 2014, she failed the WCA in December and appears to be in no mans land as far as claiming JSA pending a reconsideration as she is still employed.  She has had worrying advice from Jobcentre (ask your employer to dismiss you and claim JSA).  Furthermore a current sick note to 16/03/15 was dimissed and advise was to claim JSA if she wanted to appeal decision.
A strategy for going forward would be much appreciated.

TIA

Andrea

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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Joined: 12 October 2012

Ask them to put their advice about resigning and then claiming JSA in to writing !!!!

The person may still have a contract of employment but they are not working and they are presumably not receiving any payment from the employer so the position as far as I can see it is that JC+ should be looking at a JSA claim.

It’s their own rules which now insist that a person with a sick note who has failed the WCA must claim JSA, they can’t have it both ways.

Write to DWP pointing out their own anomalous position - complain to MP.

FIT Advisor
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benefit advice officer, three rivers housing association, co durham

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Total Posts: 144

Joined: 18 June 2010

She does not have to claim JSA whilst in the MR stage and as soon as the decision is notified to her and she lodges appeal her ESA at assessment rate should come back into payment. However, she will have to be appealing on the basis of meeting the conditions for the Support Group, as a successful appeal that places her in the WRAG would only bring her cESA back on until the point her 52 weeks is exhausted then credits only unless she then meets conditions for income based ESA. Her claim for HB/CTR should be granted on nil income (assuming no partner/income) whilst she progresses her appeal. She needs to submit med certs until an appeal is heard.

But worth following Andrew’s advice if financially she must take some action to secure an income until she can have ESA reinstated.

I wonder how the employer will view this situation?