jsa

mandy wrote: My partner has been told he is fit for work, he can use his hands so can use a wheel chair according to atos. He has been on dla for 13 years. Cab have told him he wont be entitled to any jsa because he has not paid national insurance in the last 2 years. Would this be right. We are worried to death about this. I work full time so he has been told that also means he cant make a claim.

If your husband dis not work during the Tax Years 2011-12 and 2012-13 then I am afraid it unlikely that he will entitled to Contribution Based JSA, if you work full time then he will not be entitled to Income Related JSA.

He can challenge the Decision not to award him ESA, by requesting a Mandatory Reconsideration, if the Decision is not overturned, then he can appeal to the Tribunal Service.

You don't say what he was doing before his ESA claim but I assume he was receiving Incapacity Benefit or SDA, because he would not have been eligible for ESA as a new claim as the rules are substantially the same as for JSA. This being the case, if he lodges and appeal then he should be entitled to the ESA Assessment rate until his case is heard by a Tribunal panel, subject to the 365 day limit on ESA(CB) payments.

Have a look at our ESA MR and Appeal guide for more details of the process.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon