× Members

CLAIM ESA at assess rate whilst waiting for appeal

More
6 years 6 months ago #196619 by KEITH TAIT
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?

Please Log in or Create an account to join the conversation.

More
6 years 6 months ago #196627 by Gordon

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KEITH TAIT

Please Log in or Create an account to join the conversation.

More
6 years 6 months ago #196630 by KEITH TAIT
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.

Please Log in or Create an account to join the conversation.

More
6 years 6 months ago #196632 by Gordon

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

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KEITH TAIT

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.