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

WRAG claimants in receipt of PIP/DLA

Daphne
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At the NAWRA conference we got into a discussion (okay it was in the pub) about how new ESA claimants after 3 April who are also in receipt of PIP/DLA would be financially better off on JSA as the disability premium would be included. So, if you think the person can handle the conditionality - with hopefully amendments for health issues! - are we better advising them to claim JSA? Avoids the stress of the WCA. Any thoughts?

Benny Fitzpatrick
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Certainly an option worth considering, although Full-Service UC will kill it off of course.

Daphne
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Yes doesn’t work in UC areas - and also it would mean you can’t use permitted work rules - but bizarrely if you aren’t going to be able to work you might be better off on JSA!

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Can you still get the SDP in those circumstances? - MRC ...

unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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davidsmithp1000 - 03 March 2017 02:55 PM

Can you still get the SDP in those circumstances? - MRC ...

SDP is still applicable to IBJSA claims

Robbie Spence
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SDP is equally applicable to ibJSA and irESA so that has no bearing on the choice.
I think it’s “out of the frying pan into the fire” to try to avoid the stress of the WCA by claiming JSA. Getting your health issues taken into account for your JSA availability and JSA agreement is very much at JCP discretion.

NeverSayNo
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Welfare rights department - Northumberland County Council

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unhindered by talent - 06 March 2017 10:46 AM
davidsmithp1000 - 03 March 2017 02:55 PM

Can you still get the SDP in those circumstances? - MRC ...

SDP is still applicable to IBJSA claims

Its not the SDP that is relevant (being paid in both JSA and ESA).

Its getting the Disability Premium for any DLA/PIP which would be worth more than the WRA Component on ESA.
So long as the claimant commitment is suitable for the client on JSA there is hopefully less risk of being sanctioned then.

iut044
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Welfare Benefits Adviser, West Lancs Disability Helpline, Skelmersdale

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For someone to claim JSA they have to be fit for work.  If they have failed an ESA WCA the JSA department cannot say they are unfit for work.  However, when they have not failed a WCA and they claim JSA they risk not being paid JSA. 

Also, before someone claims ESA or when they are in the assessment phase they do not know what group they will be placed in and there is a possibility that they will be put in the support group.