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JSA while waiting appeal

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7 years 10 months ago #161881 by Debbie
JSA while waiting appeal was created by Debbie
Hi. I have had to claim JSA while waiting for my appeal. I have failed the MR appeal and now appealed to the tribunal/courts but meanwhile I'm claiming JSA for financial reasons. I've been told I do not have to be actively seeking employment while I'm appealing but still entitled to JSA this advice was from DWP was for MR appeal. Is this the same for a tribunal appeal? Thanks debbie

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7 years 10 months ago - 7 years 10 months ago #161883 by slugsta
Replied by slugsta on topic JSA while waiting appeal
Hi Debbie,

Once the Tribunal Service have notified DWP that they have accepted your appeal, you can request that payment of the assessment rate ESA restarts.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by slugsta.

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7 years 10 months ago #161885 by Debbie
Replied by Debbie on topic JSA while waiting appeal
Oh. That's good news is didn't think I could go back on esa while waiting appeal. Is assessment rate less that what you'd normally get? Do you know if their are limitations on this as I thought the government changed all tha so you couldnt h5et it while appealing x

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7 years 10 months ago #161894 by Derek4
Replied by Derek4 on topic JSA while waiting appeal
Hi Debbie,

Can I ask if the DWP said that you did not have to actively seek work whilst claiming JSA during the mandatory reconsideration, or were they referring to after the MR was completed ?

Thanks,

Derek

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7 years 10 months ago #161900 by Gordon
Replied by Gordon on topic JSA while waiting appeal

Debbie wrote: Oh. That's good news is didn't think I could go back on esa while waiting appeal. Is assessment rate less that what you'd normally get? Do you know if their are limitations on this as I thought the government changed all tha so you couldnt h5et it while appealing x


Providing this is your first appeal against a Fit for Work Decision then the ESA Assessment rate will be paid as soon the DWP have confirmation of the appeal from the Tribunal Service.

You'll receive the Personal Allowance plus any Premiums, depending on your circumstances it will be;

£57.90 - under 25
£73.10 - Single over 25 and/or ESA(CB)
£114.85 - ESA(IR) couple

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago - 7 years 10 months ago #161902 by Gordon
Replied by Gordon on topic JSA while waiting appeal

Derek4 wrote: Hi Debbie,

Can I ask if the DWP said that you did not have to actively seek work whilst claiming JSA during the mandatory reconsideration, or were they referring to after the MR was completed ?

Thanks,

Derek


There are no special allowances made for claimants awaiting an MR Decision on an ESA claim (there may be unofficial ones). Your disabilities should allow you to negotiate a reduced Job Search Agreement, although there are limits to what they will accept and you can, once a JSA claim is accepted, present a Fit Note for 13 weeks and be excused any JS at all.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by Gordon.
The following user(s) said Thank You: Derek4

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