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Contribution based ESA
Client is employed SSP has run out. Client claimed Contribution based ESA and attended WCA. Client was found fit for work and has been told to claim JSA. Client is still employed and GP says he would not sign a fit for work certificate. Should client be getting CBESA for 365 days
Assuming client challenges the WCA decision -and eventually succeeds in their challenge- then yes.
An unfortunate situation with client falling through the cracks in the Social Security system. There is no automatic right to ESA once they have failed the WCA.
Options seem to me to be limited to:
- trying to expedite the ESA appeal with HMCTS
- making a new ESA claim on the basis of a new condition or substantial deterioration in existing condition
- signing on JSA and then the 13 weeks sickness provision (plus reduced conditionality afterwards if the waiting time for appeal is longer).
It may seem weird to be claiming JSA whilst still employed but I understand that it is is possible as DWP reckon that although claimant may not be able to work in their usual occupation they may still be fit for some kind of work…
It may seem weird to be claiming JSA whilst still employed but I understand that it is is possible as DWP reckon that although claimant may not be able to work in their usual occupation they may still be fit for some kind of work…
two thoughts
1. what if the contract of employment prevents working for someone else? in fact, people have been sacked/disciplined for working elsewhere whilst filing sick notes. Does the DWP expect people to put themselves at risk of such action?
2. can the employer not find the person something to do within their current ability? (albeit if GP says not fit for work, it would be a health and safety issue for employer to employ).
and of course, all of this just shows what c*** the system is….
If your client does claim JSA, he may want to take advantage of the extended period of sickness rules (CPAG p701). A fit note may be required.
... GP says he would not sign a fit for work certificate.
If by this you mean the GP will not provide a fit note, that might be because some GPs misinterpret a standard letter they receive from DWP when someone is found fit for work by ESA. The GP is no longer required to provide fit notes to support the ESA claim, but the GP should be aware that they are still free to provide fit notes if they choose. Especially if one might be needed by an employer, say, or in connexion with a different benefit claim.
If your client does claim JSA, he may want to take advantage of the extended period of sickness rules (CPAG p701). A fit note may be required.
... GP says he would not sign a fit for work certificate.
If by this you mean the GP will not provide a fit note, that might be because some GPs misinterpret a standard letter they receive from DWP when someone is found fit for work by ESA. The GP is no longer required to provide fit notes to support the ESA claim, but the GP should be aware that they are still free to provide fit notes if they choose. Especially if one might be needed by an employer, say, or in connexion with a different benefit claim.
I have a standard letter that explains the need for a cert in relation to esa due to this.
as well as the appeal situation it comes in handy when we have someone looking to do permitted work or who has a learning disability and is actually looking for work but is the very definition of limited capability for work in that they need the right job in the right place rather than any job.
Thank you all for your comments they have been very helpful