Claiming JSA During A Mandatory Recondiseration

I read on this site that a claimant can apply for JSA whilst a Mandatory Reconsideration is being considered in relation to a claim for ESA.

If a claimant has submitted a Mandatory Reconsideration after being found fit for work would applying for JSA affect their chances of having the original decision over-turned? Applying for JSA surely indicates that the claimant has deemed him/her self fit for work!

Hi Mikey,

This is something that worries many people! As things stand, claiming JSA is the only benefit that can be claimed whilst awaiting an ESA MR. If you can afford to wait and not claim during the MR, that is fine. If you need income, this is your only path.

You have been deemed officially 'Fit for work' and this over-rides fitnotes and your own opinion of your ability. This makes you perfectly entitled to make a claim for JSA. It will not go against you if you have to appeal - the panel will not be interested in whether/why you might have claimed JSA.

If you do make a claim for JSA, once that claim is in payment you can submit a new fitnote and you should then be excused from all jobseeking activities for the duration of the note (up to a maximum of 12 weeks).

The one proviso to this is if you are in a full UC area. You would then be claiming UC/JSA and is more complicated. If this affects you, you should try to get face2face advice before claiming.

If you choose not to claim JSA, make sure you get and keep fitnotes covering the period from the day after your ESA claim was closed. This will enable you to get the ESA backpayment once an appeal has been accepted.

Can a person claim Housing Benefit whilst awaiting and during a ESA MR?