I need help!!!

Client is currently employed full-time but off sick. His SSP ran out in February 09 and he put in a claim for ESA.
Four weeks ago he was called in for a medical and failed the LCW assessment scoring 0 points.
Client is unable to return to work for another 4 weeks. He is single, not looking after children and not a carer.
I've advised him to put in a GL24 today.
Will he be able to get ESA until the case is decided by tribunal?
Can he opt to claim JSA instead? Although he's unable to carry out his normal job, he may be able to do a less labour-intensive job full-time.

Thanks!

He can claim ESA pending the appeal - if you look at other threads there seems to be some inconsistency in various JCP areas, but it is likely he will have to submit continuing medical evidence to get it (I would read the legislation as requiring him to submit ongoing medical evidence). If he is only going to be off for another 4 weeks, I wouldn't go through the hassle of trying to claim JSA as an alternative, unless he actually has to (i.e. if his GP won't continue to issue medical certificates)

(Brian)

Thanks a lot for your reply!
Just another quick question. If he loses the appeal will he have to repay the ESA?
I can't find the answer anywhere!

cannot see any reason for it being an overpayment - because he will be treated has having limited capability for work pending the appeal in the same way as someone receiving reduced IS is treated as incapable of work pending a PCA appeal and if the appeal failed this was not an overpayment situation

Let's hope not! I'll definitely post again if they've changed the rules and they seek to recover it!

Thanks a lot for your help

Bea

Not relevant to the issue raised initially, but those on reduced IS pending a PCA appeal aren't treated as incapable of work, they are a separate prescribed category of person entitled to claim income support until the appeal is determined

(Brian)