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ESA Stopped - Claiming JSA while appealing?

Puddy_Tat

naturally fluffy
On behalf of friend (who now lives some distance away, so not sure I've got all the facts)

He was on Support Group ESA (mainly mental health related) although think he has improved a bit since last claim (housing situation has stabilised, and he's been doing a fair amount of volunteering when he's well enough, which I assume DWP have known about) so I would not have been that surprised if he'd been put in to the work related group this time round.

But at his latest 'medical' he scored so low he's been turfed off ESA altogether.

He is going down the path of reconsideration / appeal and so on (or at least I think he is) and I understand that if they say 'yes' then he'll get paid ESA back to when they stopped it.

He seems to think that if he claims JSA now, that's declaring himself fit for work and the ESA appeal will get stopped, so he's living on bugger all income and just about surviving through foodbank / generosity of friends and so on. Since he's diabetic as well this probably isn't doing him a lot of good.

Is the system now really that shit?

Can he claim 'hardship payment' rate of ESA in the meantime? (I've found references to this online, but this seems to apply if you get a sanction for not doing what you're told to do, not necessarily for being found fit for work)

Will he disqualify himself from getting ESA back if he goes on JSA (which he'll probably get sanctioned off for fucking something up due to his conditions)?

I've tried to persuade him that he needs to make an appointment to speak to a benefits specialist at local CAB or similar, and for reasons I'm not entirely clear on, this hasn't happened yet.

I am not really up to date enough to be sure what to suggest.

And think he's somewhere that Universal Clusterfuck has gone live.

Any bright ideas?
 
Claim JSA and present them with a GP's "fitnote" when he signs on.

That SHOULD give him 13 weeks of not having to jobsearch, and will hopefully cover him until his Mandatory Reconsideration has been dealt with, at least.

Mind you, I know nothing about how ESA is dealt with under UC, so what I've written above may not hold true.
 
The rethink guide here (can also be downloaded as a pdf from the bottom of the linked page) explains how esa appeals work in universal credit areas.

"If you live in an area where you can claim Universal Credit (UC)

If you made a claim for income-related ESA you can make a claim for Universal Credit (UC). You should get the standard UC allowance and any other amounts you are entitled to. Jobcentre Plus can set conditions for your benefit, which you have to meet.

If you have made a claim for contribution-based ESA, you can make a claim for Universal Credit if you are on a low income.

If your income is over the Universal Credit threshold, you will need to live off your savings or other income. You could also claim contribution-based Jobseekers Allowance (JSA)."

"What if I am finding it difficult to meet the conditions of UC or JSA?

If you claim UC or JSA, Jobcentre Plus will say that you need to:
  • actively look for work, and
  • be available to take a job if you are offered one.
If you feel that you cannot meet these conditions, you could ask Jobcentre Plus to change them. They call this ‘easing conditionality’. To persuade Jobcentre Plus to do this, tell them how your mental health condition affects how you can look for work. It is important that you keep getting notes from your GP that say you are not able to work. Send these to the DWP while you are going through mandatory reconsideration."

"What happens to my benefits after mandatory reconsideration?
If you are found fit for work after mandatory reconsideration you can appeal to the tribunal. If you do this you will get ESA at the assessment rate until the tribunal.

You will not get any ESA if you have made another claim after a failed claim, unless your health has got worse.

If you were claiming UC or JSA during mandatory reconsideration you may stay on these benefits. If you want to go back onto ESA you need to make sure you write this on your appeal form. If you do not write this on your form they may keep you on UC."​
 
The rethink guide here (can also be downloaded as a pdf from the bottom of the linked page) explains how esa appeals work in universal credit areas.

friend rang rethink last week, and got a (free call) phone number for DWP

he managed to talk to someone at DWP who wasn't a total twunt

mandatory reconsideration was given a bit of a poke with a stick

news today - reconsideration done. claim reinstated back to January and backpayment on its way

:)

thanks again
 
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