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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

A few questions/concerns on the transfer

adviceplus
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Rhondda Cynon Taff CBC (Welfare Rights Project)

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Total Posts: 29

Joined: 17 June 2010

1, From the ‘customer journey ‘drawn out in the partnership guidance notes it shows that an IB claimant would be notified by phone if they fail the transfer test and they would be invited to claim JSA,  it states in fact that the person who phones can redirect the ‘customer’ on the spot to an operator who will take the JSA claim there and then
It also shows that this call is made before the ‘customer’ has received the written decision explaining why they fail

My question is: If the claimant appeals within the month of decision but also finds that the JSA regime is not suitable for them , can they withdraw their JSA claim while they are waiting for their appeal and claim ESA instead,  will this have any effect on the conversion decision?
I know presently ESA claimants can do this but I can’t find any thing to definetely confirm that conversion claimants can ?

2.  What I also find very worrying in this partnership/stake holder information sheet (latest version March 2011) is that there is nowhere a question around the scenario that so many claimants wil have to make a joint claim for JSA and I wonder in how far and when that will actually be highlighted when the options are given to claimants e.g. would it be mentioned at the initial contacts ?
Has somebody made an application for copy of the telephone scripts ?

In the scenario of joint JSA claims as well, if say husband is claimant and fails the test , it works out that wife could qualify no problem so she makes a new claim whilst husband still appeals the decision against him , would he be able to than still cllaim back the conversion rate when he wins the appeal ? (we often see partners who are or became very ill but were not flagged up because there is no DLA )  or would that only be possible if he had a claim of Contribution based ESA? I take it on income base ESA his claim stops when his wife’s begins ?

3.  As for appeal submissions there are 2 issues I would like to highlight and just wanted to ask if they would be in line with what other representatives do :
A.  In the appeal letters we will ask for copies of the IB 85’s and IB113’s to be included in the bundle as we think there is a lot of merit in demonstrating how many points a person had and also we believe it will be good to highlight how inadequate the present test is ,
what do you think ?

B. Is there still merit to highlight the fact that caring for a relative or domestic tasks in the own home are still not regarded as work under ESA ? Has anybody made some examples on how they used this argument and how it can be weighted?

On the scenarios of entitlement and swapping claims I wonder if anybody has drawn up a list of the most likely to happen and their effects?