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

Claiming JSA but told to go on ESA

Sue123
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EEA Family Support, Children's Centre Calderdale

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Hi can someone please advise

Czech single woman has been claiming JSA for 4 years (permanent right to reside).
This lady becomes sick and declares this to JCP and fills in JSA 28 form to say she’s sick and is entitled to 14 day period of being sick. However work adviser then forces this lady to claim ESA and shuts her JSA.

Surely they cannot do this?
I am sure people claiming JSA are entitled to two periods of 14 day sickness in 12 months period?

can someone please advice what’s the best thing to do?

thank you

CDV Adviser
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A claimant can now be sick for up to 13 weeks (extended period of sickness) and stay on JSA. Has she made the claim to ESA?

Actually has she had previous periods of sickness?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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That’s absurd.

They even produce their own leaflet on the issue:

If you are sick while claiming Jobseeker’s Allowance

Sue123
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EEA Family Support, Children's Centre Calderdale

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Paul_Treloar_AgeUK - 04 August 2016 04:22 PM

That’s absurd.

They even produce their own leaflet on the issue:

If you are sick while claiming Jobseeker’s Allowance

I know!!!
I have read the leaflet, and no, she had no other period of sickness in the last 12 months.

I don’t understand how they can put this on their records and I guess a complaint should be made?

Also, is the client entitled to bring someone with them to their appointments?

thank you

Sue123
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EEA Family Support, Children's Centre Calderdale

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Phil Runciman - 04 August 2016 04:19 PM

A claimant can now be sick for up to 13 weeks (extended period of sickness) and stay on JSA. Has she made the claim to ESA?

Actually has she had previous periods of sickness?

She is not making claim for ESA as she does not want to go on ESA, she wants to stay on JSA.

They have now agreed to reopen her JSA claim, however put on her system that she is not entitled to any more period of sick (which I know she is!) and will have to claim ESA if she becomes sick again.
That is obviously not correct, I believe???

Paul_Treloar_AgeUK
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Zuzana - 04 August 2016 04:52 PM

I know!!!
I have read the leaflet, and no, she had no other period of sickness in the last 12 months.

I don’t understand how they can put this on their records and I guess a complaint should be made?

Also, is the client entitled to bring someone with them to their appointments?

thank you

You could ask your client about a complaint - some people are reluctant to do this as they worry they’ll be targeted in future but without making complaints, things don’t change.

As far as I am aware, she should be able to take someone along as well, although officials will usually only agree to communicate with the client.

Sue123
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EEA Family Support, Children's Centre Calderdale

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ok thank you for your advice