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Saturday, 16 November 2013

That Fear of too sick for JSA too well for ESA ?

VERY IMPORTANT!!! 


The fear is of that for some, should an error occur.

But then the Mandatory Reconsideration on appeal they fear NO INCOME. 

There is this though via an FOI 

>> DOWNLOAD LINK <<    <possible income support in interim?

Read and apply it where you need to. 

Its a download pdf link. hope the resource is useful to people. 


(Link courtesy of Jenny Clarke I believe [no relation ] ) 

4 comments:

  1. You need to exercise caution with this. The DWP is limiting more and more Income Support claims with an emphasis being placed on moving claims towards Universal Credit. By and large the only claimants who can make a new claim for Income Support are Carers and those who have children aged 5 or under.

    Income Support is paid to some incapacitated & some disabled claimants (linked to Disability Premiums within the Income Support 'applicable amount') but these claims are steadily being 'converted' to ESA. There are certain cases where a claimant can 'opt out' of the conversion process in which case their claim will not be affected by the situation which arises in ESA cases where mandatory revision is most likely to adversely affect them. This applies to claimants already on Income Support with a disability premium.

    Claimants who inadvertently go through the conversion process and end up with an ESA 'fit for work' decision can argue that their claim should not have been subject to a conversion decision anyway.

    Those who decide to take up a new claim for Income Support either as a Lone Parent or Carer whilst appealing an ESA decision should bear in mind that if the ESA appeal is subsequently upheld in their favour, they will then find that their award of either the WRAG or Support Group component will be limited in payment (unless the DWP for some reason allow an overlapping claim) up to the date that the Income Support claim was made.


    The FOI only says Income Support 'may' could be claimed. Anyone in this position should seek advice before submitting an Income Support claim.


    Hope this helps. This is one of the many complications which will arise out of mandatory revision. Most claimants faced with an adverse ESA
    decision who appeal will (in order to continue to receive benefit) need to work out a 'Jobseeker's agreement' with the Jobcentre who are aware that different conditionality can be applied to sick and disabled claimants who have no alternative other than to claim JSA pending the outcome of the ESA reconsideration.

    Nick
    @mylegalforum

    ilegal.org.uk [Mylegal]

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  2. Sorry, the above should read child of under 5.

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  3. People who are denied both ESA & JSA should be able to claim though, is what's being suggested. However, I'm hearing of a case where eligibility was agreed by the JC+ who then said they couldn't process the application as their system couldn't do it. However, we only know sketchy details as yet, haven't seen anything written which I think is important as wording might shed important light on refusal.

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    Replies
    1. New claims dont go JC+, they go to a benefits centre? . You apply THERE not JC+ probably why JC+ couldnt process it..... but hey tricky people at the moment.....

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