ESA repeat claims, no money - JSA???

Can anyone think clearly…I can’t!

We are fretting over ESA re-claims affected by new-model Reg 30 where the claimant will be paid nothing till a new WCA is done. I think that someone in this position may claim JSA meanwhile,without jeopardizing the ESA claim, and that they should get their WCA…eventually. I’m going on this from DMG 10/15:

The claimant may have been awarded JSA after the previous determination that they did not have LCW, for example
1. during the mandatory reconsideration process
2. after any appeal to the FtT was dismissed
3. while awaiting determination of a repeat claim for ESA.

Although JSA is awarded on the condition that the claimant does not have LCW
, no determination of LCW has been made for the period of the JSA award, and there is no
presumption that the claimant does not have LCW for the purposes of the ESA repeat
claim. It should be noted that the claimant may have been sending in evidence of
LCW for the purposes of a JSA EPS

A colleague worries that a repeat ESA claim followed by a JSA claim will mean that the ESA claim will be closed and WCA will never happen, also that the word ‘determination’ is a loaded one.

Any thoughts or experiences?

See paras 5&6 of post 8 of this thread re DWP’s work-around procedure in these circs.  The DMG that you quote from is the only official guidance I’m aware of that suggests that a JSA award should not prevent a further WCA taking place in these circs.  I learned of the above work-around when discussing a client’s case with the ESA back office.  I understand Daphne is in process of getting a more formal response from DWP.

Thanks Tom!

I’m trying - without much success - to get more. I seem to have a number of outstanding issues which they have not come back on. I will email them today in advance of next week’s meeting to see if I can get anything more formal…

Hi - I am new to this forum so forgive me if this has already been discussed in detail. 

My client recently awarded 6 points during a WCA tribunal, (despite the fact that her chronic condition has worsened since a WCA and subsequent successful appeal in 2007 awarding her 15 points), is going through a FtT appeal and has just requested the Statement of Reasons etc - however, in the meantime, with ESA ceased and having nothing to live on, is claiming JSA.  She has been signed off as unfit for work by the GP and has given this to the Job Centre, who by the way do not seem to recognise their own guidelines on EPS! 
No discussion by the ‘work coach’ has been initiated on what is deemed reasonable in terms of actively seeking work whilst technically not even being fit for work!  My client has a meeting at the Job Centre next week and I wonder what your experiences are of this scenario as I suspect that my client will be expected to sign on and actively seek work despite her chronic immobility etc.  This seems a nightmare scenario and job centres do not seem to be giving good or even correct advice. 

Thanks

Cathy