If you claim ESA and are in a waiting period for housing costs but fail the WCA and claim JSA instead, would you then have to start at the beginning of the waiting period for help towards housing costs as part of JSA?

Next question:
If you decide to appeal against the WCA decision (by which time 13 weeks would have elapsed and housing costs kick in) would you be eligable for housing costs straight away if your ESA appeal failed and decided to claim JSA instead.

Thanks for your help
Amy

Thu 17-Sep-09 04:43 PM by wrs

the simple answer is 1/ no and 2/ yes, you should be treated as having a continuing claim and they should be linked:

CPAG Handbook p833...The 13-week waiting period applies if you claim IS, JSA (contribution or income-based) or ESA (contribution or income-related) after 4. Jan 09, and at least one of the following applies: ...

(check the handbook this is a summary) especially:

p836- linking rules; Periods when you are treated as entitled to IS, JSA or IR-ESA can count towards your waiting period. as long as the break between claims is less than 14 weeks.

So it should be ok

I hope this helps

Excellent thanks so much for your help.
Amy