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ESA to JSA
- stevec
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11 years 11 months ago - 11 years 11 months ago #86380 by stevec
ESA to JSA was created by stevec
My daughter is to attend an ESA tribunal on friday. Should her appeal be rejected I understand that she will/can go onto JSA. Is this an automatic move or does she have to go through a claim process with presumably all the delays that may entail?
Last edit: 11 years 11 months ago by Gordon.
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- Gordon
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11 years 11 months ago #86381 by Gordon
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Replied by Gordon on topic Re:ESA to JSA
stevec wrote:
Gordon
Yes, she will need to make a new claim for JSA, but should not need to serve any waiting period and as her details are already on the system, it should be quickly processed.My daughter is to attend an ESA tribunal on friday. Should her appeal be rejected I understand that she will/can go onto JSA. Is this an automatic move or does she have to go through a claim process with presumably all the delays that may entail?
Gordon
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- Crazydiamond
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11 years 11 months ago #86385 by Crazydiamond
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Replied by Crazydiamond on topic Re:ESA to JSA
stevec wrote:
If your daughter's ESA appeal is dismissed and she still feels that she is incapable of work, she may wish to reclaim ESA?
If more than 26 weeks have elapsed from the date of the disallowance decision on her ESA entitlement, a further claim can be made immediately. However, if a new medical condition has been identified or if there has been a deterioration in an existing medical condition, a new claim can be made without having to wait for the expiry of the 26 weeks period.
If your daughter does decide to claim JSA instead of ESA, she will have to conform with the much harsher regime to show that she is available for work, and has reasonable prospects of obtaining work without incurring benefit sanctions.
My daughter is to attend an ESA tribunal on friday. Should her appeal be rejected I understand that she will/can go onto JSA. Is this an automatic move or does she have to go through a claim process with presumably all the delays that may entail?
If your daughter's ESA appeal is dismissed and she still feels that she is incapable of work, she may wish to reclaim ESA?
If more than 26 weeks have elapsed from the date of the disallowance decision on her ESA entitlement, a further claim can be made immediately. However, if a new medical condition has been identified or if there has been a deterioration in an existing medical condition, a new claim can be made without having to wait for the expiry of the 26 weeks period.
If your daughter does decide to claim JSA instead of ESA, she will have to conform with the much harsher regime to show that she is available for work, and has reasonable prospects of obtaining work without incurring benefit sanctions.
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- stevec
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11 years 11 months ago #86462 by stevec
Replied by stevec on topic Re:ESA to JSA
Thanks for that. What exactly do you mean by 'reasonable prospects of obtaining work without incurring benefit sanctions'? is there somewhere where these are spelled out.
Also, is ESA and DLA connected; she also receives some DLA, is that likely to be withdrawn as well or at least will have to go for a reassessment if she is put on JSA? My daughter is very concerned about a possible big reduction in income.
Also, is ESA and DLA connected; she also receives some DLA, is that likely to be withdrawn as well or at least will have to go for a reassessment if she is put on JSA? My daughter is very concerned about a possible big reduction in income.
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- Gordon
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11 years 11 months ago #86471 by Gordon
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Replied by Gordon on topic Re:ESA to JSA
Steve
The issue with JSA is that in order to be paid the benefit, you must agree to seek work, although you can put restrictions on this, due to disability.
So, if a claimant places too many restrictions, the JC+ may deem that they will be unable to find work of 16 hours or more and stop the benefit entirely, or, if their health prevents them from seeking work to the degree that JC+ requires, then their benefit may be liable to sanction.
Whilst ESA and DLA are independant of each other, if an assessment of one (usually ESA), hi-lights a discrepancy in the stated level of disability, then this can cause a re-assessment of the other benefit (e,g, DLA). This happens rarely, but does happen.
Claiming JSA is not in itself reason for DLA to be re-assessed, but your daughter would need to review her care and mobility requirements, to be sure that working was not at odds with her current DLA award.
Hope this explains it.
Gordon
The issue with JSA is that in order to be paid the benefit, you must agree to seek work, although you can put restrictions on this, due to disability.
So, if a claimant places too many restrictions, the JC+ may deem that they will be unable to find work of 16 hours or more and stop the benefit entirely, or, if their health prevents them from seeking work to the degree that JC+ requires, then their benefit may be liable to sanction.
Whilst ESA and DLA are independant of each other, if an assessment of one (usually ESA), hi-lights a discrepancy in the stated level of disability, then this can cause a re-assessment of the other benefit (e,g, DLA). This happens rarely, but does happen.
Claiming JSA is not in itself reason for DLA to be re-assessed, but your daughter would need to review her care and mobility requirements, to be sure that working was not at odds with her current DLA award.
Hope this explains it.
Gordon
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- stevec
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11 years 11 months ago - 11 years 11 months ago #86526 by stevec
Replied by stevec on topic Re:ESA to JSA
Thankyou for your help.
I have another question if you don't mind. Should the emphasis of any challenges to the Atos report given at a tribunal relate to the information provided at the time when the Atos report (findings) were compiled, or should they take into consideration any current differences?
I have another question if you don't mind. Should the emphasis of any challenges to the Atos report given at a tribunal relate to the information provided at the time when the Atos report (findings) were compiled, or should they take into consideration any current differences?
Last edit: 11 years 11 months ago by Gordon.
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