JSA regulation13

I have just been talking with the ESA WCA decision maker department about my mandatory reconsideration. As i received their decision taking me off ESA stating i am no longer entitled for ESA due to my atos medical assessment. They informed me that i have no option but to go onto JSA.
the person dealing with the phone call from the WCA decision dept suggested i apply for JSA under regulation 13.

having come of the phone with the DWP JSA dept they have no idea as to what i am talking about regarding regulation 13 and that there is no such thing. The person then informed that my only option was to except a face to face interview at the local job centre and i would be required to sign a JSA agreement and make regular applications for work.
failure to do so would mean loss benefits.

Does anyone know anything about this so called Regulation 13? or am i being given the run around by the DWP.

Due to having ME/CFS my mobility if reduced and i find face to face interviews exhausting and stressful any help or advice would be very welcome.

Cate.

Hi c,

To reiterate Gordon,

You can claim JSA with reduced conditionality whilst your ESA MR/Appeal is ongoing to obtain benefits payments.

Claiming JSA as above should not adversely prejudice your ESA MR/Appeal.

If you are to challenge the adverse ESA decision, you should make a formal written request for a Mandatory Reconsideration (MR) within one month from the date of the ESA Decision Notice letter :

Sending Documents to the DWP or ATOS

If you are to claim JSA whilst your MR is being processed, you should also obtain a fit note from your G.P. to cover you from the date of the fit for work decision, and continue to do so whilst the MR/Appeal is ongoing.

However, do not submit the fit notes to The DWP. Keep them safe until your MR process has finished and you have received The MR Notice.

You must then appeal directly to The Tribunal Service, (TS) and once they have accepted your appeal you can go back onto ESA at the Assessment Rate.

Only then should you provide the fit notes to The DWP.

If you provide them earlier than this, they may deny you JSA, stating that you are unfit to claim JSA.

See : ESA MR/Appeals Guidance.

Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Please reply to this topic if you have any further questions.

bro58