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Icome Based E.S.A.

Posted , 2 users are following.

Lilmem
Lilmem

Hello, My son was getting income based ESA but was found fit for work after a medical in October 2016. He had a M.R. & the decision was the same.  He then took the case to a Tribunal & the Tribunal could not decide what the outcome should be, so there will be another Tribunal hearing in October 2017.

My son is now claiming J.S.A. & on top of this he gets an extra £32 a week approx. because he qualifies for P.I.P. standard rate care.

The question I am asking is if he wins the appeal at the Tribunal & goes back onto income based ESA will he lose the £32 extra disability payment, because he did not get this payment when he was receiving ESA? 

0 likes, 3 replies

3 Replies

  • denise15811
    denise15811 Lilmem

    Posted

    Hi,

    I'm unsure why he's still claiming JSA because he should be back on assessment rate of ESA (with fit/sick notes from GP) while waiting for the Tribunal decision. Still claiming JSA could go against him because of the JSA agreement that states he has to prove he's looking for work, otherwise he'll be sanctioned. Who adviced him to carry on claiming JSA whist waiting for the Tribunal decision? How is he managing to keep to the JSA agreement and stating he's unfit for work?

    To answer your question, yes he would lose the disability premium if he has a decision in his favour with the Tribunal. There's premium avalable with ESA so he wouldn't be any worse off. If he's put into one of those groups then there's extra money for that also.

    • Lilmem
      Lilmem denise15811

      Posted

      Hello Denise,  My son was advised to claim JSA which he has been doing so for nearly a year.  He was advised by the DWP to claim JSA.  He still sends his sick/fit notes in to the DWP.  He goes every 2 weeks to the job centre to prove that he is looking for work.

      Thank you for the reply Denise.

    • denise15811
      denise15811 Lilmem

      Posted

      This doesn't make any sense. You can only claim JSA with a fit note for a total of 13 weeks. Claiming JSA for this length of time will surely go against him at the Tribunal. How can he claim he's unfit for work and yet visit the Job centre every 2 weeks? It doens't make sense that he's still sending in those fit notes and seeking work. Something isn't right here. He needs to go back onto assessment rate of ESA until a decision's been made at the Tribunal. When he was originally for fit for work they would have been right in telling him to claim JSA and then produce a fit note after the very first appointment. Once the MR decision came back and they accepted his appeal at the tribunal he should have claimed ESA again.

      This is what makes me so angry with DWP. They almost never give people the correct advice.

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