JSA When Leg Broken in Accident?

I have a friend who is claiming JSA and she broke her leg last week and is in hospital after an operation.

Whilst she is recovering/ rehabilitating,she is afraid she will be disqualified from JSA and will need to claim ESA, even for the short term, and be without money for weeks if not months.

Is she right?

Thanks

A

Augustus wrote: I have a friend who is claiming JSA and she broke her leg last week and is in hospital after an operation.

Whilst she is recovering/ rehabilitating,she is afraid she will be disqualified from JSA and will need to claim ESA, even for the short term, and be without money for weeks if not months.

Is she right?

Thanks

A

Hi A,

As you know we do not advise on JSA.

However, as this query is loosely tied to a potential ESA claim, I will endeavour to help.

Along with the changes brought in regarding "Repeat" ESA Claims on 30/03/15, changes were also brought in regarding periods of sickness whilst claiming JSA.

As long as your friend has a current live JSA claim, and they simply don't turn up to make a fresh claim for JSA with a fit note in hand, the following applies :

"(5) After regulation 55 insert—

Extended period of sickness

55ZA.—(1) This regulation applies to a person who—

(a)has been awarded a jobseeker’s allowance;

(b)proves to the satisfaction of the Department that he is unable to work on account of some specific disease or disablement;

(c)either—

(i)i)declares that he has been unable to work, or expects to be unable to work, on account of that disease or disablement for more than 2 weeks but he does not expect to be unable to work on account of that disease or disablement for more than 13 weeks;

or

(ii)is not a person to whom regulation 55(1) (short periods of sickness) applies by virtue of paragraph (3) of that regulation;"

From : www.legislation.gov.uk/nisr/2015/138/made

Provision was already there for short periods of sickness that didn't exceed 2 weeks, no more than twice in a JSA/12 month period.

However, with the introduction of the 30/03/15 amendment "“Extended period of sickness- JSA Regulation 55ZA, if they present a fit note, they should be allowed an extended period of up to 13 weeks of sickness, without having to close their JSA claim and claim ESA.

Here is an : Explanatory Note on the subject.

Here is a : rightsnet discussion on extended JSA sick leave.

Whether your friend takes this option or makes a fresh claim for ESA is only a decision that they can make.

Please understand, we cannot enter into further discussions regarding this JSA issue.

Hope this helps.

bro58