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

ESA Migration and JSA

Barbara Knight
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Leorn Welfare Rights Training Services, Derby

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Total Posts: 78

Joined: 8 April 2011

Help, I can’t see the answer.
This concerns a migration from IB to ESA starting Feb 2012, failed the medical.
After the appeal was requested my client was paid 12 months assessment rate of ESA (contributory only - captial too high). After that she claimed JSA April 2013 (insufficient NI due to Carer’s Allowance so no award).
Appeal finally heard Nov 2013, placed in Support group. Client closed her JSA claim - has been paid support component up to point of JSA claim and not beyond.
Claimant was told JSA claim would not affect appeal, but it shut down the ESA claim and the DWP refuse to restart it from the point of the JSA claim. They haven’t been able to identify a decision to shut down the ESA claim and the law which automatically shut down the ESA award had been repealed by then?
Can anyone point me in any direction to get her ESA?

Kurt12
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Welfare Rights Service, Tameside MBC

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Joined: 6 July 2010

Might it be possible to revise the decision to award JSA and hence leave the ESA claim unbroken?
Page 1016 of the current CPAG handbook has a link (under the JSA heading) to Regs 3(5G) and 3(5H) of the Decisions and Appeals regulations.  These appear in at pages 585 and 586 of volume 2 of the (2014/15) legislation volumes and the commentary on these at pages 596 and 597 look like they might be useful in your case.  The commentary refers to regulations preventing duplication of payment so could this imply that the ESA award should just continue and there be an offset against any JSA paid in the meantime?

Barbara Knight
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Leorn Welfare Rights Training Services, Derby

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Total Posts: 78

Joined: 8 April 2011

Kurt, thank you found it in Vol III ! But really appreciate your level of detail, hopefully will finally sort this case.

Barbara Knight
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Leorn Welfare Rights Training Services, Derby

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Total Posts: 78

Joined: 8 April 2011

Hi, just a short update.
Quoting the law finally worked. Yeppee, she has now been paid for the last 2 years.

This ESA claim was refused by 3 different complaints managers. When I was talking to the 4th she stated
“Think this is happening a lot, the guidance is quite far down the page, so isn’t being used.”
Makes you wonder how often this JSA /ESA double claim is ending ESA claims incorrectly.

Is anyone else having these problems?