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ESA appeals and claiming JSA

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6 years 11 months ago - 6 years 11 months ago #136063 by carmind
ESA appeals and claiming JSA was created by carmind
I know that during the mandatory reconsideration period you have to claim JSA because your ESA stops. I thought that during the second appeal stage, to the Tribunal Service, ESA (assessment rate) starts again until the Tribunal decision and so you don't have to meet the requirements of JSA.

However, an increasing number of people report that they have to continue to claim JSA up to the Tribunal decision and are not transferred back to ESA.

Is this right?
Last edit: 6 years 11 months ago by bro58.

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  • bro58
6 years 11 months ago - 6 years 11 months ago #136072 by bro58
Replied by bro58 on topic ESA appeals and claiming JSA

carmind wrote: I know that during the mandatory reconsideration period you have to claim JSA because your ESA stops. I thought that during the second appeal stage, to the Tribunal Service, ESA (assessment rate) starts again until the Tribunal decision and so you don't have to meet the requirements of JSA.

However, an increasing number of people report that they have to continue to claim JSA up to the Tribunal decision and are not transferred back to ESA.

Is this right?


Hi c,

Once the claimant has gone through The MR process, received The MR notice through the post, lodged an appeal directly to The Tribunal Service (TS) using the MR Notice and Form SSCS 1, and received notification from the TS that their appeal has been accepted, they should be able to revert back to Assessment Rate ESA from JSA.

They would of course have to provide fit notes.

If they have been claiming and receiving JSA, ESA should be paid from the day that The JSA claim ends.

If they have not been claiming JSA throughout the MR process, and they can provide fit notes to cover them from the date of the fit for work decision, ESA Assessment Rate payments should be backdated and paid from the date of the fit for work decision.

Have a read through my post : Here. in another topic regarding this very issue.

N. B. All the above is not relevant to "repeat ESA claims" post 30/03/15 changes to the ESA Regs.

bro58
Last edit: 6 years 11 months ago by bro58.

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  • bro58
6 years 11 months ago - 6 years 11 months ago #136083 by bro58
Replied by bro58 on topic ESA appeals and claiming JSA
Hi c,

For clarity, I will refer you back to your query regarding "Repeat" ESA Claims : Here. and our advice and links to DMG Memo 10/15 therein.

In particular, the fact that Assessment Rate ESA is not payable whilst appealing a second successive fit for work decision on a repeat ESA claim.

See also :

"2.3 The instrument also provides that ESA payments pending appeal will not be made to claimants previously found fit for work who are found not to have LCW on their repeat claim."

From : EXPLANATORY MEMO REGARDING 30/03/15 CHANGES TO REPEAT ESA CLAIMS.

Here are the actual : 30/03/15 ESA Regulations Amendments.

bro58
Last edit: 6 years 11 months ago by bro58.

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