Should JSA be stopped if a new sick note is issued whilst client is seeking a mandatory reconsideration?

Yes if she was going to be ill for more than 2 weeks. If not then client should use JSA28 see attached

it seems the JSA has stopped because you have to be available for and actively seeking work to get it.
If a new sick note has been submitted the JSA dept may have denied entitlement because your client is stating they cannot be available for work because they are ill.
if they have a different medical condition or a significant worsening of the original illness/disability, then they can make a fresh ESA claim. But if this is not the case then the only benefit available to them would be JSA but they must meet the conditions of entitlement.
There is no entitlement to ESA pending a mandatory reconsideration decision.

Thanks for your help.

Would the fact that she had failed a WCA recently not take precedence over the sick note?

What is the client supposed to do for money now?

If cl had failed recent WCA, was this appealed or aN mr ASKED FOR?

If all of the above done, then has her condition “significantly worsened”? (SW)

If not, then JSA, is where she ought to be going, or seek new evidence from Doctor and other HCP to see if SW has happened and in the meantime, make claim for JSA

Forgive me if I’m wrong, but isn’t this the type of scenario Esther McVey claimed would not happen under MR?

A mandatory reconsideration was asked for. 

The jobcentre are now saying that the client should make a rapid reclaim for JSA. Is this correct?

What does SW mean?

Have you considered this?

The decision of the Court of Appeal in Charlton v SSWP [2009] EWCA Civ 42 considered the predecessor provision to reg 29(2)(b) ESA Regs 2008 that applied in incapacity for work cases and provides the answer to this question. Charlton and the subsequent caselaw set out four situations in which a finding a claimant does not have LCW may pose a substantial risk to health due to:
• the mere communication of the decision;
• the consequences of having to sign on for jobseeker’s allowance;
• having to perform the sort of work the claimant could be expected to get;
• travelling to work.

SW = Significant Worsening

I would guess

If she does have to claim JSA then she can restrict her work

See: http://www.cpag.org.uk/content/labour-market-conditions-and-jobseeker’s-allowance

The JSA should not have stopped.  It was the stated policy intention behind MR that claimants applying for MR after a WCA failure could claim JSA.  As the submission of sick notes is a ‘requirement’ for the MR then using that to disallow the JSA frustrates the policy and is not how to interpret the statute.  As long as the claimant satisfies the labour market conditions then the DWP is simply wrong.

I think you should ask them what the basis of the decision to stop JSA is.

If it’s that her condition has worsened, based on the sick note, then it necessarily follows a new ESA claim can be made with benefit payable immediately.

If it’s that the sick note just means she is too ill for JSA, but that nothing has changed, that is not a decision open to them. They cannot substitute the GP’s or claimant’s own opinion on LCW for the Secretary of State’s binding determination.

I have spoken to the jobcentre, they have said that you can only have a sick note for up to two weeks on JSA.  Her sick note is for four weeks. 

She has also said that someone on JSA should not be submitting sick notes.

Again, that only applies if he doesn’t satisfy the labour market conditions.  See reg 55 of the JSA Regs.

NEVIP Reg 55 of JSA 96 Regs below I can’t see what you mean. Might you elucidate as client needs to claim ESA as JSA28 not sufficient

55.—(1) Subject to the following provisions of this regulation, a person who–
(a) has been awarded a jobseeker’s allowance 7
; and

(b) proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and

(c) but for his disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment, and capable of work or not having limited capability for work), shall be treated for a period of not more than 2 weeks as capable of work or as not having limited capability for work, except where the claimant states in writing that for the period of his disease or disablement he proposes to claim or has claimed incapacity benefit , employment and support allowance, severe disablement allowance or income support.

(2) The evidence which is required for the purposes of paragraph (1)(b) is a
declaration made by the claimant in writing, in a form approved for the purposes by
the Secretary of State, that he has been unfit for work from a date or for a period
specified in the declaration.

(3) The preceding provisions of this regulation shall not apply to a claimant on
more than two occasions in any one jobseeking period or where a jobseeking period
exceeds 12 months, in each successive 12 months within that period and for the
purposes of calculating any period of 12 months, the first 12 months in the jobseeking
period commences on the first day of the jobseeking period.

(4) The preceding provisions of this regulation do not apply to any person where
the first day in respect of which they are unable to work falls within eight weeks
beginning with the day the person ceased to be entitled to statutory sick pay.

(5) The preceding provisions of this regulation shall not apply to a claimant who
is temporarily absent from Great Britain in the circumstances prescribed by regulation
50(6AA) or, as the case may be, (6C).