Full Service Extended Period of Sickness

We are a UC full service area since 5/7 for this client. Client was on ESA but FTA assessment so thrown off 6 weeks ago. He then went onto JSA (CB). He has now developed a new illness (cancer) but the Jobcentre say he cannot have an Extended Period of Sickness on JSA but must claim UC?
Is this correct?
TIA

Hi Julian,

Just thinking about the timing here. When your client claimed cont JSA, were you already full service?

If you were already full service, it would be ‘new style’ cont JSA.  If not, ‘old style’ cont JSA. It makes a slight difference to what he could be expected to do whilst sick, and how the regs work, but don’t think it’s crucial for the advice on what to do now.

If he states that he is not going to be unable to work for more than 13 weeks, then he could get his extended period of sickness.

But if it’s going to be more than this (which, with cancer, it may be), then I think the DWP are (sort of) on the right track, although because of his contributory history I would expect him to be someone who can claim new style cont ESA.  It is possible (though difficult) to claim this without making a claim for UC. It’s helpful of course if there is a clear reason UC won’t be possible anyway, eg savings, partner’s earnings.

Will

Thanks Will.
Client was on ESA until 18/8/17 then claimed JSA CB. He wouldn’t be able to receive any ESA until he had a medical, and will unable to seek work for more than 13 weeks, so it seems that applying for UC and asking for an advance will be his only route.
Julie

HI

im assuming you are saying he wont be able to get ESA as he FTA WCA in August 2017? but cant he be ‘treated as’ having LCW as though he is reclaiming I think you have said it is a new health condition? he should therefore be able to get paid straight away wouldn’t he? and should be able to claim ESA C if he meets the conditions for that of course