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

interaction between CB ESA, CB JSA, WRAG and SG

nottsadvisor
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Welfare rights - Nottingham City Council

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Joined: 29 June 2010

Struggling to think my way through this one, feeling rather overloaded this afternoon!

Client on CB ESA from mid September 2013, then benefit was removed in early September 14 following medical but has had a recent MR of this decision awarding the WRAG rate. Following the MR has been paid ESA at WRAG rate from 13th week of claim in December 13 until anniversary of claim in mid September 14.  He is still not happy with this decion and wants to appeal as he believes his mobility has been limited enough for him to be in the SG.

So far so good, but while he was waiting for the MR to be decided he seems to have claimed CB JSA from late September, which is due to run out in late March.  If he appeals in relation to the earlier ESA decision and gets placed in the SG, will this only be paid until the date of the JSA claim or will the fact that his benefit would have continued had the decison of early Septemebr 14 been to put him in the SG from the outset, overide this?  He says he only claimed the CB JSA because he needed the money.  His isn’t entitled to IB ESA or IB JSA. 

 

nottsadvisor
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Welfare rights - Nottingham City Council

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Shamelssly bumping this in the hope someone knows the answer.  If he gets awarded CBESA at the SG, will his claim end at the point he claimed CBJSA in September 14, even though had they made that decision in the first place his ESA would have continued?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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The CJSA claim should not be fatal to ongoing CESA entitlement. There is a thread somewhere that tells us that JCP think otherwise but the party line is that CESA should become payable again despite the JSA.

When ESA was first introduced any period on JSA operated to prevent a person having LCW and there was some wrangling; JCP gave undertakings that that should not be teh case and eventually there awas an amendment; I can’t remember exaclty which reg was amdended though.