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TOPIC: CLAIM ESA at assess rate whilst waiting for appeal

CLAIM ESA at assess rate whilst waiting for appeal 2 months 2 weeks ago #196619

Can I apply for ESA(make a new application) following being turned down after a mandatory reconsideration-whilst receiving JSA?

That is, can I carry on claiming JSA whilst waiting for a decision on a new ESA claim?

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CLAIM ESA at assess rate whilst waiting for appeal 2 months 2 weeks ago #196627

  • Gordon
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KEITH TAIT wrote: Can I apply for ESA(make a new application) following being turned down after a mandatory reconsideration-whilst receiving JSA?

That is, can I carry on claiming JSA whilst waiting for a decision on a new ESA claim?


No, by making a claim for ESA you are declaring yourself as Unfit for Work which automatically negates your JSA claim, there are also technical problems as the DWP computer system will only allow a claim for JSA or a claim for ESA, not both but that is secondary to your no longer meeting the criteria for JSA if you claim ESA.

The only option which would work would be if you could make a claim for Universal Credit, as this encompasses both JSA and ESA you should receive payment. but you can may not be able to make a claim for UC in your area at this time.

Gordon
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CLAIM ESA at assess rate whilst waiting for appeal 2 months 2 weeks ago #196630

Its true I`m too old to apply for Universal Credit in my area-however, can I continue with my Appeal to the Tribunal if the Mandatory Consideration (for my application for ESA) goes against me-?
That is, can I continue with my JSA claim(albeit I am on the sick claiming an Extended Period of Sickness until 7.11.17) and at the same time continue with my appeal to the Tribunal if the MC goes against me (due to get decision on MC ,they say by this week)?

I don`t see why I can`t continue with my Appeal to the Tribunal if the MC goes against my claim for ESA.

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CLAIM ESA at assess rate whilst waiting for appeal 2 months 2 weeks ago #196632

  • Gordon
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KEITH TAIT wrote: Its true I`m too old to apply for Universal Credit in my area-however, can I continue with my Appeal to the Tribunal if the Mandatory Consideration (for my application for ESA) goes against me-?
That is, can I continue with my JSA claim(albeit I am on the sick claiming an Extended Period of Sickness until 7.11.17) and at the same time continue with my appeal to the Tribunal if the MC goes against me (due to get decision on MC ,they say by this week)?

I don`t see why I can`t continue with my Appeal to the Tribunal if the MC goes against my claim for ESA.


If you are of working age then you should be able to claim UC, but in most areas there are what are called gateway conditions that prevent all but a few making a claim.

Yes you can continue to receive JSA while making an ESA appeal, you are not saying that you are Unfit for Work.

Gordon
The following user(s) said Thank You: KEITH TAIT

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