Claiming JSA whilst appealing ESA decision…

Afternoon all,

A question I was asked in a training session today and I wasn’t sure….

If someone decides to claim JSA whilst appealing a failed WCA decision (rather than claiming ESA), should they continue to get medical certificates from their GP, in order to support the argument that they have limited capability for work? Or does this conflict with the JSA regulations about availability for work/ jobseeking requirements?

Thanks

I don’t think they need to provide them.  Reg 30 ESA regs only requires that medical certificates be provided until it has been determined whether the claimant has limited capability for work.  If the appeal is successful then the tribunal is substituting the decision that should have been made so limited capability for work is effectively decided as at the date of the appealed decision and so that is when the need for medical certificates ends.  This is obviously decided retrospectively but I think it follows from the nature of a tribunal decision.  If they want to continue with ESA during the appeal the situastion is obviously different as they need the certificates to continue the claim.  I have not had to test this out!

Thanks for the response Tony, that all makes sense.

If anyone has had direct experience then please feel free to chip in as well just to be certain!