Re:- "No ESA for claimants who want to appeal"

Hi

Years ago I remember that under IB if you did not get enough points you had to claim job seekers benefit. You appealed while on jsa, But you could use this phase " as my condition allowed ". I think it limited job centers staff to things they could do & send you on.

My question is, Would this still work ?

cheers
Trev

So far there has been no definitive answer to your question, but if you appeal an adverse ESA decision you may be entitled to stipulate "as my condition allows," otherwise in reality you wouldn't be appealing against the ESA disallowance decision contending that you believe that you are unfit for work.

However, whether this proviso in the context of a JSA claim would have any impact, only time will tell?

Can a legal challenge not be mounted against this as it means that people like me on means tested benefit who live hand to mouth as it is would not be able to survive on nothing if we have no ESA income (or HB etc which ESA and Jsa are gateways for) and are too sick to get JSA?? And no idea when the no income phase of the process will be resolved???

I know the govt have sneakily got around a legal challenge to making the appeal process effectively unusable by adding in this "on no pay" phase...surely this is blatantly abusing the appeal process in any other name? They might not have called it a duck but it still quacks!

Would appreciate any further comments or advice about what we can about this. !

A possible legal challenge may be mounted under the Human Rights Act, Part II The First Protocol, Article 1 Protection of Property which reads:-

"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law."

As social security benefits whether they be means-tested or non means-tested are defined in law as possessions, and if it can be demonstrated that the removal of ESA at the assessment rate pending an appeal where the "possession" is the subject of an ongoing dispute, this may have legal implications if it can be shown that denial of the ESA allowance is unlawful?

This however would need expert legal advice, and is perhaps another case for the Public Interest Lawyers?

Abolutely brilliant reply of the usual high calibre of B and W!

Agree we need special legal advice/representation - and that this a job for Public Interest lawyers. Let us hope as many of us as possible can enlist this support and bring about this change.

Also a change could come about via a Lords challenge - small chance - I am not expecting the initial *consultation* to yield much joy given the only evil govts doubt is whether it should me made even worse!!! but I will still reply.

Kind Regards

I am really confused about this now!

I thought you could claim ESA at assessment rate whislt waiting for your appeal.