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Failed ESA, Now JSA but DWP not accepting fit note
- Innovate
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7 years 4 months ago #176788 by Innovate
Failed ESA, Now JSA but DWP not accepting fit note was created by Innovate
We support people with barriers through the DWP ESA / PIP processes, including MR, Tribunal and Upper Tribunal.
Until recently when a Client fails their Face to face medical they go on to JSA. We have been supporting clients to obtain a GP fit note as they are not fit for work, to give to JSA which until recently they accepted. They are now telling us that the law has been changed and they cannot accept a Fit note when a client is waiting on a MR decision.
So DWP have decided that individuals are fit for work even though the medical profession states otherwise, and that these individuals do not have the same rights as others on JSA, to be ill and present a Fit note.
Does anyone know if DWP have changed rules , law etc. or are we being misled, or have any advice.
Many thanks in anticipation.
Lesley
Until recently when a Client fails their Face to face medical they go on to JSA. We have been supporting clients to obtain a GP fit note as they are not fit for work, to give to JSA which until recently they accepted. They are now telling us that the law has been changed and they cannot accept a Fit note when a client is waiting on a MR decision.
So DWP have decided that individuals are fit for work even though the medical profession states otherwise, and that these individuals do not have the same rights as others on JSA, to be ill and present a Fit note.
Does anyone know if DWP have changed rules , law etc. or are we being misled, or have any advice.
Many thanks in anticipation.
Lesley
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- Gordon
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7 years 4 months ago #176811 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Failed ESA, Now JSA but DWP not accepting fit note
Innovate
There is a discussion on RightsNet about this. See
www.rightsnet.org.uk/forums/viewthread/10490/P15/
There appears to have been no change to the underlying JSA legislation and this makes no reference to any previous claim of ESA in regard to the reasons why a Fit Note should be issued. The guidance that the FOI's in the RN topic refer to indicate that ex-ESA claimants should not be treated any differently than a "normal" JSA claimant.
There is a potential issue where the Fit Note may have been presented too early in the JSA claim process and JSA advisors are using this as a reason to deny the Fit Note, the advice on RN is to allow the JSA to go into payment first as it prevents this loophole being used.
If the JC+ is still refusing to accept the Fit Note then I would suggest that your client asks for a written copy of the legislation and or guidance that they are using to support the refusal.
Gordon
There is a discussion on RightsNet about this. See
www.rightsnet.org.uk/forums/viewthread/10490/P15/
There appears to have been no change to the underlying JSA legislation and this makes no reference to any previous claim of ESA in regard to the reasons why a Fit Note should be issued. The guidance that the FOI's in the RN topic refer to indicate that ex-ESA claimants should not be treated any differently than a "normal" JSA claimant.
There is a potential issue where the Fit Note may have been presented too early in the JSA claim process and JSA advisors are using this as a reason to deny the Fit Note, the advice on RN is to allow the JSA to go into payment first as it prevents this loophole being used.
If the JC+ is still refusing to accept the Fit Note then I would suggest that your client asks for a written copy of the legislation and or guidance that they are using to support the refusal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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