Hi i wonder if anyone can help, i have a customer who was receiving ESA due to back problems - he just had his assessment and they have decided to stop his ESA although he has filled in an appeal form. ( however i dont think this will be successful as his health has improved)

His housing costs were due to start 3 months ago but they havent kicked in yet, although they will be backdated.

He is wanting to set up his own business, self employed - i am unsure as to how to advise him for the best.

If ESA appeal is unsuccessful then should i rec JSA!? Or will that be a problem with him wanting to start up his own business and therefore technically not available for other work.


???

Putting aside the Appeal surely the issue is , is client now 'fit for work' ? Is he still 'signed off' by GP ? If client does not have sick-note then surely he chooses whether to find a job , sign-on for JSA or set-up as self-employed ?

Under JSA a claimant can be treated as 'actively seeking work' - refer to Disability Rights Handbookpage , page 82 .

If ESA appeal in unsucessful, you could consider a new application for ESA .