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Benefit entitlement..Urgent advice needed

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9 years 1 month ago - 9 years 1 month ago #128947 by craig41
Hi all.

I am hoping that your advice will make it clearer for a close friend of mine.
For several years he has been claiming ESA, but recently after his medical he was declared fit for work. Although he has asked for a reconsideration, he is wondering what financial help he is entitled to, until he hears a decision.
Apparently he has been told he can claim JSA/Universal Credit, but not for 28 days after his last ESA payment (which was yesterday)
Surely in the interim period there must be some financial support?
Last edit: 9 years 1 month ago by bro58.

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  • bro58
9 years 1 month ago - 9 years 1 month ago #128951 by bro58
Replied by bro58 on topic Benefit entitlement..Urgent advice needed

craig41 wrote: Hi all.

I am hoping that your advice will make it clearer for a close friend of mine.
For several years he has been claiming ESA, but recently after his medical he was declared fit for work. Although he has asked for a reconsideration, he is wondering what financial help he is entitled to, until he hears a decision.
Apparently he has been told he can claim JSA/Universal Credit, but not for 28 days after his last ESA payment (which was yesterday)
Surely in the interim period there must be some financial support?


Hi c41,

Even if your friend is in an active UC area, he would not be able to claim UC as he has requested a Mandatory Reconsideration (MR) of the adverse ESA decision.

As seen in the UC Claimant criteria :

"not be appealing against a decision of non-entitlement to Jobseeker's Allowance (JSA), Employment and Support Allowance (ESA) or Income Support (IS)"

From my post : Here.

As you can see only a very small group of "Basic Cases" can claim UC.

He can sign on for JSA now, as he has been found fit for work.

The DWP should be well aware of this, and he may be able to have reduced conditionality for his Job Seekers Agreement to reflect his medical conditions and resulting limitations/disabilities.

Once his MR is dealt with, and he has received his MR Notice back from the DWP, if successful, he can revert back to ESA, if unsuccessful, he can lodge an appeal direct to The Tribunal Service. (TS)

Once his appeal is accepted by the TS, he can then revert to ESA where he will receive assessment rate.

If he has not received any JSA in the interim, then his ESA should be backdated to the time of the adverse ESA decision.

If he has been receiving JSA, then any payment of this would be deducted from any amount of ESA arrears owed.

He might want to obtain new fit notes from his G.P. although he should keep them, and not give them to JSA, otherwise they will state that he is unfit to "sign on".

When the time comes to revert back to ESA, he can produce the fit notes as proof that he has been unfit for work since the date of the adverse decision, if they are requested.

Have a read through our : ESA MR/Appeals Guidance.

See also : Mandatory Reconsiderations Explained

&


Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Hope this is helpful.

bro58
Last edit: 9 years 1 month ago by bro58.

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  • bro58
9 years 1 month ago - 9 years 1 month ago #128952 by bro58
Replied by bro58 on topic Benefit entitlement..Urgent advice needed

bro58 wrote:

craig41 wrote: Hi all.

I am hoping that your advice will make it clearer for a close friend of mine.
For several years he has been claiming ESA, but recently after his medical he was declared fit for work. Although he has asked for a reconsideration, he is wondering what financial help he is entitled to, until he hears a decision.
Apparently he has been told he can claim JSA/Universal Credit, but not for 28 days after his last ESA payment (which was yesterday)
Surely in the interim period there must be some financial support?


Hi c41,

Even if your friend is in an active UC area, he would not be able to claim UC as he has requested a Mandatory Reconsideration (MR) of the adverse ESA decision.

As seen in the UC Claimant criteria :

"not be appealing against a decision of non-entitlement to Jobseeker's Allowance (JSA), Employment and Support Allowance (ESA) or Income Support (IS)"

From my post : Here.

As you can see only a very small group of "Basic Cases" can claim UC.

He can sign on for JSA now, as he has been found fit for work.

The DWP should be well aware of this, and he may be able to have reduced conditionality for his Job Seekers Agreement to reelect his medical conditions and resulting limitations/disabilities.

Once his MR is dealt with, and he has received his MR Notice back from the DWP, if successful, he can revert back to ESA, if unsuccessful, he can lodge an appeal direct to The Tribunal Service. (TS)

Once his appeal is accepted by the TS, he can then revert to ESA where he will receive assessment rate.

If he has not received any JSA in the interim, then his ESA should be backdated to the time of the adverse ESA decision.

If he has been receiving JSA, then any payment of this would be deducted from any amount of ESA arrears owed.

He might want to obtain new fit notes from his G.P. although he should keep them, and not give them to JSA, otherwise they will state that he is unfit to "sign on".

When the time comes to revert back to ESA, he can produce the fit notes as proof that he has been unfit for work since the date of the adverse decision, if they are requested.

Have a read through our : ESA MR/Appeals Guidance.

See also : Mandatory Reconsiderations Explained

&


Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Hope this is helpful.

bro58


Hi again,

If your friend is in immediate need of financial help they may be able to apply for a : Short Term Benefit Advance.

There is also the option of receiving food from : A Food Bank.

There are other organisations that operate the above, you would have to do an internet search for your local area.

bro58
Last edit: 9 years 1 month ago by bro58.

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9 years 1 month ago - 9 years 1 month ago #128990 by craig41
Replied by craig41 on topic Benefit entitlement..Urgent advice needed
Thanks bro58, much apreciated
Last edit: 9 years 1 month ago by bro58.

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  • bro58
9 years 1 month ago #128993 by bro58
Replied by bro58 on topic Benefit entitlement..Urgent advice needed

craig41 wrote: Thanks bro58, much apreciated


You're welcome c,

Please keep us updated !! :)

bro58

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