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Claiming a retrospective award of ESA
Cl left her job in January because could not work because of mental health symptoms. She appeared quite clearly unwell and was neglecting herself when she sought advice mid April but has little insight into her diagnosis.
She was advised by welfare rights worker that she should claim ESA and it could be backdated three months but she refused to do so and insisted that she wanted to claim JSA. She was advised that her JSA claim could not be backdated. However now it is in payment and she has fully realised that there is a break between the end of her job and the start of the JSA, she has asked if she could claim ESA just for the period between the end of her job and the start of her JSA.
Three months backdating would still leave a slight shortfall of a week or two but is this even possible. I cannot imajine that a claim for ESA whilst there is already a live JSA claim even if it was intended to start and end before the JSA start date?
She is on contributory JSA (thus not on universal credit) - not sure this would help though
Any thoughts?
Cl left her job in January because could not work because of mental health symptoms. She appeared quite clearly unwell and was neglecting herself when she sought advice mid April but has little insight into her diagnosis.
She was advised by welfare rights worker that she should claim ESA and it could be backdated three months but she refused to do so and insisted that she wanted to claim JSA. She was advised that her JSA claim could not be backdated. However now it is in payment and she has fully realised that there is a break between the end of her job and the start of the JSA, she has asked if she could claim ESA just for the period between the end of her job and the start of her JSA.
Three months backdating would still leave a slight shortfall of a week or two but is this even possible. I cannot imajine that a claim for ESA whilst there is already a live JSA claim even if it was intended to start and end before the JSA start date?
She is on contributory JSA (thus not on universal credit) - not sure this would help though
Any thoughts?
my first thought reading this was to wonder if your client had capacity to make a decision as to her benefits, given what you say. So that might well be a line of attack, particularly if she still has the same mental health issues. safeguarding and mental capacity act. not that i know if that would assist, but one would have thought it should. Surprised in fact on what you say that the JSA claim has been accepted, is she really fit for work?
I don’t see a problem (Claire’s concerns are valid, but I’m just talking about the viability of the ESA claim).
Claim ESA - ask for 3 months backdating. Any period for which backdating is sought will need to be covered by a Med3 (this would be the case regardless of the JSA claim). She may need to visit the Jobcentre and make it clear she wants the JSA claim closed down in order to ensure the smoother processing of the ESA claim.
Any JSA paid will be offset against arrears of ESA due on the backdating claim (in the same way as any JSA paid whilst a claimant requests an MR and appeal against a decision they do not have LCFW is offset against arrears of ESA when the appeal is allowed).
It may be an idea to send in a covering letter to explain the JSA claim was one made in error/whilst the claimant lacked insight into her condition, but it’s doable…
I don’t see a problem (Claire’s concerns are valid, but I’m just talking about the viability of the ESA claim).
Claim ESA - ask for 3 months backdating. Any period for which backdating is sought will need to be covered by a Med3 (this would be the case regardless of the JSA claim). She may need to visit the Jobcentre and make it clear she wants the JSA claim closed down in order to ensure the smoother processing of the ESA claim.
Any JSA paid will be offset against arrears of ESA due on the backdating claim (in the same way as any JSA paid whilst a claimant requests an MR and appeal against a decision they do not have LCFW is offset against arrears of ESA when the appeal is allowed).
It may be an idea to send in a covering letter to explain the JSA claim was one made in error/whilst the claimant lacked insight into her condition, but it’s doable…
good oh!