ESA (claim running but not in payment) and claiming JSA

Hello

A client has been refused ESA as he failed to attend the medical. He put in a new claim with the same condition so he won’t get paid anything until he attends the next medical. Can he claim JSA whilst waiting for the next medical?

I know about good cause for not attending medical, new condition and deterioration etc as ways to get ESA paid just wondering about above and whether someone could have both claims running and get paid JSA….

Thanks

He cannot have a claim for both running at the same time - you cannot be fit for work and unfit for work concurrently. He could claim JSA while requesting a mandatory reconsideration of the failure to attend. If that is successful he can then go back on to ESA assessment rate pending the medical so that might be the best route financially if he has reasonable grounds.

amended view - http://www.rightsnet.org.uk/forums/viewthread/8160/

Thanks Daphne.

I thought he couldn’t have the 2 claims running but then was thinking you can claim JSA whilst you are waiting for a MR of an ESA claim.

I looked into this a while ago but there does not appear to be any provision (except in UC) for getting a benefit for seeking work while waiting for a work capability assessment. In this way, depending on conditionality pending the medical, the UC system does seem more fair.