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Options when your CBESA runs out after 365 days
Hello everyone,
Apologies if this has already been discussed. Assuming that a person cannot switch to the support group or IRESA when their CBESA runs out, some will feel that they have no option but to apply for JSA. If so, any comments on the following would be appreciated:
1) Can a person in principle then change to JSA? I am assuming the loss of CBESA at 365 days does not automatically mean the loss of LCW status. If one still has LCW status, how can one then get JSA, since section 1(2) of the JSA Act says you can’t get JSA if you have LCW?
2) Assuming I am wrong about point number (1) above and you can claim JSA, can you then ‘recycle’ your recent NI contribution history (already used to claim CBESA) to now apply for CBJSA? If the answer to that is no, then IBJSA might be a possibility [subject to point (1) above], although there may well be the same stumbling blocks to IBJSA as there might have been to IRESA (ie working partner, savings etc).
Any ideas/solutions/speculations?
Steve
People on CBESA will rarely meet the qualifying conditions after 365 days so CBJSA is probably a no go on this one.
Serves claimants right for being ill and not getting better quick enough!!
The idea is probably based around people with LCFW will now have to find some kind of work. What bothers me is the people who should be in the Support group but arent due to Atos and JCP incompetence. How can they find work??
A friend of mine was converted from IB to ESA. Her partner is self employed and only earns £500 per month so no benefit now due to her because of his income.
Her 365 days has expired so she has moved out now to maintain her benefit, and now claims £390 per month HB, which wasnt in place beforehand as her partner has a mortgage. so much for saving money.
Hi Jan,
I can only assume that government lawyers have already vetted and blessed the changes, in terms of possible legal challenge (along the grounds you outline, or others). Of course, there is precedent to reassure us that some changes can be reversed by the judges (the Howker case, for example? - maybe that’s not a good example). However, I would have thought that such a major change as the cessation of a very high percentage of CBESA awards would have been double vetted for future challenge. Would be great if challenges are made though.
In the meantime, any thoughts on the JSA issues raised?
Steve
In the meantime, any thoughts on the JSA issues raised?
Steve
Have a look at this thread http://www.rightsnet.org.uk/forums/viewthread/1857
PIES!! PIES!! For Gawd’s sake Jan, power down your time machine will ya!. Actually, 2 PIES can still be linked by a period of incapacity for work but they’re called jobseeking periods now. Keep up woman!
This does not relate to the JSA option but I was wondering :
If self employed people continue or had continued to pay class 2 stamps even tough they get credits whilst they were claiming ESA or IB , could they than continue to satisfy the paid NI condition and reclaim (C)ESA ?
Or, are these payments re-imbursed being that they were given credits and does their NI record show credits for the time they submitted certificates ?