Can someone continue with JSA claim whilst they make a repeat claim for ESA?

Client outside time limits to challenge decision finding him fit for work.  Has learning disabilities - currently on JSA - not possible to argue that he has had a deterioration or a new condition in his health, therefore will not be paid on new ESA claim.

Can he continue to receive JSA whilst pending assessment for ESA? 

Think we have just found the answer in DMG memo 10/15 - paragraph 18 (3) which held that the claimant may have been awarded JSA after the previous determination that they did not have LCW (18) while awaiting determination of a repeat claim for ESA.

(19) goes on to say that although JSA is awarded on the condition that the claimant does not have LCW, no determination of LCW has been made for the period of the JSA award, and there is no presumption that the claimant does not have LCW for the purposes of the ESA repeat claim.  It should be noted that the claimant may have been sending evidence of LCW for the purposes of a JSA EPS

Short answer - Yes.

Discussed on this post below - see Daphne’s comments on 20 May at 5.21 pm about an Operational Stakeholders meeting she went to - towards the end of the posts: http://www.rightsnet.org.uk/forums/viewthread/8183/

Is he outside the maximum possible of 13 months for a late application for an appeal?