Options for claiming after failing LCWA following end of SSP

Any thoughts on the following scenario would be welcome.

Client is on long-term sick leave from f-t employment, SSP ends after 28 weeks. Client claims ESA but fails LCWA, and requests Mandatory Reconsideration.

Question: Can client claim JSA pending outcome of MR? (The main difficulty being that he is classed as still being in f-t employment, regardless of any difficulties meeting conditionality as a result of his health condition).

Is he still classed as being in full time work? He may not have been dismissed from his job, but is there an argument in saying that he is not actually in full-time employment for JSA purposes? CPAG p1031 states that for JSA someone is not classed as in full-time work when they are away from work because they are ill.

Too ill to do their own job but perhaps they could sign on to look for work within their limitations…...

Yes, it’s all about whether or not a person is in remunerative work and not employment.  If he’s not classed as being in remunerative work then the following becomes live.  First, what does his contract of employment say about doing other work?  If it forbids this then the DWP (if they find out) might say he’s not available for work while still employed by his present employer.  Second, he must be prepared to agree to take full time work if offered and this could lead to having to terminate his existing contract of employment or his employer terminating it for him if he finds out.  And, finally, as said above, being able to restrict his availability and work seeking activities.

Another of the unforseen issues raised by MR isn’t it? That one had not occured to me until now.

1964 - 05 December 2013 05:34 PM

Another of the unforseen issues raised by MR isn’t it? That one had not occured to me until now.

Jeez…nor me!!