Joint ib-JSA claim - can ill partner claim credits to avoid JSA claim closing?

Hi all,

I have a client who is reaching the end of the 13 week period for handing in sick notes on ib-JSA.

Client’s partner is the main claimant I believe and my client is having to go to hospital appointments/expected surgery etc so it is very unlikely that my client will be able to sign on after this period. I have no idea how they’ve managed to keep up a JSA claim and weren’t moved over to ESA years ago.

We’ve made a PIP claim for both client and partner and essentially we’re trying to get SDPs paid to avoid UC claim. I’ve discussed this with clients and they’d prefer the waiting period to get onto ESA under the SDP gateway.

Now I’ve been thinking if there is a way around having to claim UC/avoid the JSA claim closing due to client being unavailable for work. Could we make a NI credits claim for limited capability for work for my client and the partner (main claimant for JSA) continues to sign on? Would this work to keep the JSA claim open?

Any help is much appreciated with this.

Kind Regards,

Conor

If they are a ‘joint-claim’ couple, the sick one can be excused the jobseeking conditions indefinitely by submitting sick notes - see CPAG page 247

Regulation 13(3) of the JSA Regulations 1996 says ” A person may restrict his availability in any way providing the restrictions are reasonable in the light of his physical or mental condition”. I usually send the client to the Jobcentre with a letter or compliments slip setting this out and requesting on his/her behalf that this is reflected in the Jobseeker’s agreement by way of a variation. It works every time so far.

Wonderful, thanks for the references Vonny and NAI, I completely missed this and tried to make this much more complicated in my head! Really going to help my clients, thank you very much.