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When ESA Is Stopped And You Are Forced To Claim JSA

October 12, 2015

From Benefit Resolutions.

WHEN ESA STOPPED…FORCED TO CLAIM JSA

DIRECTLY FROM OUR ONGOING COMMUNICATIONS WITH DWP ON BEHALF OF ESA CLAIMANTS WE SUPPORT…

REGARDING JSA PROTOCOLS FOR THOSE AWAITING APPEAL

Ex-ESA customers claiming JSA will still have to meet JSA conditionality requirements; they must be available for and actively seeking work.

However, customers can restrict their availability in any way provided the restrictions are reasonable in the light of their physical or mental condition.

The Labour Market Conditions Guide states that ‘ where the customer imposes acceptable restrictions because of their physical or mental condition they do not have to show they have reasonable prospects of getting a job…

However, they must show all the restrictions are reasonable and are connected with their health’.

Advisers dealing with such customers should have regard to these factors and take them into account when drawing up a Claimant Commitment.

Jobcentre staff do not have access to customers medical records and rely on the customer to inform them of their health condition

REMEMBER. As soon as your tribunal appeal is granted.

YOU ARE ALLOWED TO HAVE YOUR ESA CLAIM REINSTATED

Here to serve, Benefit Resolutions Team.

2 Comments leave one →
  1. Barry Davies's avatar
    October 12, 2015 4:16 pm

    Shame that job centre staff don’t know any of this and tell you the wca says you can work so you claim jaa and must be available for work no matter what evidence you provide to the contrary the wca of course doesn’t actually have to say what work you could possibly do though.

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  2. Sarah Davis's avatar
    Sarah Davis permalink
    October 13, 2015 10:41 am

    After my esa was stopped I went to the job centre. They didn’t allow my daughter to come in with me, I’ve since heard that they should have, they told me I was now fit for work (despite the Doctors note I took with me for severe depression) and that I now needed to pull myself together and get on with job searches. I was told to come back 2 days later to sign on and when I asked how I was supposed to get there (it’s a 10 mile train journey) as I had no money the woman just shrugged. I left in tears and never went back. I’ve been without any money since 17th August, my Tribunal was accepted on 25th September and despite writing to them twice with new medical certificates I’ve heard nothing back and they haven’t reinstated my money. Over 8 weeks without now, thank goodness for food banks. I have nowhere else to turn now and can do nothing but wait for them to get round to doing what they’re supposed to do

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