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my friend cancelled his JSA claim today and has appointment booked with his ingeus advisor tomorrow, he has asked me if he can still get sanctioned for not attending as he is switching from JSA to ESA? sorry to keep going on but he keeps asking me.

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Well there is no JSA to sanction as its now closed, I dont believe a new ESA claim would be sanctioned as the JSA agreement doesnt apply to ESA?

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Well there is no JSA to sanction as its now closed, I dont believe a new ESA claim would be sanctioned as the JSA agreement doesnt apply to ESA?

 

thanks, he still hasn't put in a claim for ESA yet as he couldn't get an appointment with his doctor till this friday. i didn't think he had an agreement if you are on ESA :/

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my word isnt confirmation, I am only guessing.

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tI didn't think he had an agreement if you are on ESA :/

 

A different set of rules apply for ESA claimants. You are correct in thinking that the JSAg does not apply. However, (I'm pretty sure) he will still have to attend mandatory Work Programme appointments unless he gets put in to the support group (unlikely).

 

But as his JSA claim is now closed and he has yet to apply for ESA, no benefit doubts or sanctions could be imposed for missing today's appointment - I assume he has notified the "adviser" at Ingeus that he is no longer claiming. If he hasn't, they would still go through the motions even if it is a pointless exercise on their part.


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A different set of rules apply for ESA claimants. You are correct in thinking that the JSAg does not apply. However, (I'm pretty sure) he will still have to attend mandatory Work Programme appointments unless he gets put in to the support group (unlikely).

 

But as his JSA claim is now closed and he has yet to apply for ESA, no benefit doubts or sanctions could be imposed for missing today's appointment - I assume he has notified the "adviser" at Ingeus that he is no longer claiming. If he hasn't, they would still go through the motions even if it is a pointless exercise on their part.

 

he told his advisor via email that he had canceled his JSA claim and won't be attending the appointment, he hasn't heard anything back from them. his has not yet applied for ESA so does that mean he's no longer considered as been on the WP? also i don't understand ESA so im guessing he'll be put in WRAG :/

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Mr P is right, he will still be on the WP.

 

I have no idea what the WP will do to your friend whilst he is on ESA assessment rate, can people on ESA assessment rate be sanctioned is the question?

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Mr P is right, he will still be on the WP.

 

I have no idea what the WP will do to your friend whilst he is on ESA assessment rate, can people on ESA assessment rate be sanctioned is the question?

 

how can somebody be sanctioned on a claim they haven't even made yet? the jobcentre asked if he would be going onto ESA and he replied yes but he hasn't called them to make the claim or filled out the form and sent it off to apply yet.

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i friend received a 'good reason' letter today because he did not attend an appointment with his advisor on 25th February, he canceled his JSA claim on the 24th so basically this letter been sent is a waste of time as he currently has no claim running to sanction..or will be be sanctioned if he makes another claim? :/

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He should fill in and return the "good reason" letter within the next day or two and simply state:

My claim for JSA was closed on the 24th Feb. As a consequence, there was no mandatory, legal, or moral obligation to attend the appointment with Ingeus on the 25th Feb.Please confirm that this vexatious benefit doubt is rejected and removed from your files at the earliest opportunity.
The DWP may respond with "we will keep this doubt on file for months", but hopefully your friend's response will also be noted.Would suggest he keeps a copy of the letter he sends - I'd also suggest he hands it in to his local (ex)JCP office and get a reciept for it.

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A sanction cannot be applied in respect of a day where no claim was made. He closed his JSA on 24th and has not yet made an ESA claim. So, probably best if he starts his claim from the 26th or later, and as Mr P suggests write to the DWP and keep a copy of all letters sent and received in case there is a problem in the future.


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A sanction cannot be applied in respect of a day where no claim was made. He closed his JSA on 24th and has not yet made an ESA claim. So, probably best if he starts his claim from the 26th or later, and as Mr P suggests write to the DWP and keep a copy of all letters sent and received in case there is a problem in the future.

 

ok i'll let him know, so he could be sanctioned the moment he makes his ESA claim? :/

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ok i'll let him know, so he could be sanctioned the moment he makes his ESA claim? :/

 

I don't think so, no, but it's a slightly unusual situation - that's why it's best to keep a paper trail.


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I don't think so, no, but it's a slightly unusual situation - that's why it's best to keep a paper trail.

 

thats true as anything can happen these days.

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do you send an ESA1 form to your local jobcentre you sign on at or the address on the screen when you type your postcode in on the jobcentre website?

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mr friend received a text from the jobcentre saying 'we have received your claim to ESA. we will contact you with a decision. you do not need to contact us.' he wants to know if its possible he will be refused ESA?

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mr friend received a text from the jobcentre saying 'we have received your claim to ESA. we will contact you with a decision. you do not need to contact us.' he wants to know if its possible he will be refused ESA?

 

If he has a med cert he should not be refused ESA in the first instance. After a couple of months he will be referred for an Atos medical and that's where the problems could start. But to start with he should be OK.

 

Edit to add - the only exception to this is if the med cert specifies something that the DWP does not recognise as an "incapacity". This isn't usually an issue - things like depression and anxiety are fine. The most common things I used to see on certs that I couldn't accept were "pregnancy" and "bereavement". You haven't mentioned him being bereaved and I'm guessing he's not pregnant.


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If he has a med cert he should not be refused ESA in the first instance. After a couple of months he will be referred for an Atos medical and that's where the problems could start. But to start with he should be OK.

 

Edit to add - the only exception to this is if the med cert specifies something that the DWP does not recognise as an "incapacity". This isn't usually an issue - things like depression and anxiety are fine. The most common things I used to see on certs that I couldn't accept were "pregnancy" and "bereavement". You haven't mentioned him being bereaved and I'm guessing he's not pregnant.

 

 

yes his claim had a sick note from his doctor with it, he also sent them a P45 he got for closing his JSA claim although im not sure if that was needed :/

 

no he has been bereaved lately and as far as i know he's not pregnant lol

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No harm in sending the P45 - it shouldn't be needed to process the claim, but hell, better to send more information than is needed.


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No harm in sending the P45 - it shouldn't be needed to process the claim, but hell, better to send more information than is needed.

 

thats very true as it evidence the JSA claim has been closed, as the jobcentre have text him does that mean his claim is been processed?

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Not sure - didn't do that when I worked there. I suspect it means that the claim has been received but not actually processed.


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Not sure - didn't do that when I worked there. I suspect it means that the claim has been received but not actually processed.

 

i have noticed they seem to send texts quite often now as my friend also got one when he sent a JSA 28 to them last year.

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can anyone tell me if am correct if i was to get a sanction again and i had not had a sanction for 2 year and even that i got my money back would i only get a 4week sanction am speaking about as if i was not keen on the job after a information session plus it was not a must take it and was not a letter saying u must apply for this was a attend information session at ingeus bla bla bla

if u want more info to help u with my question then say but am hoping u understand my questions

thanks

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refusal/failure to apply for, or accept if offered, a suitable job without good reason can result in 13 weeks sanction. is that if the job centre offer u a letter with a job on it to apply for ? and not training course as my adviser sayed they dont sanction u for not taking the job only way i would get sanction as if the job centre offered me a letter with a job on to apply for.

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refusal/failure to apply for, or accept if offered, a suitable job without good reason can result in 13 weeks sanction. is that if the job centre offer u a letter with a job on it to apply for ? and not training course as my adviser sayed they dont sanction u for not taking the job only way i would get sanction as if the job centre offered me a letter with a job on to apply for.

 

Yes - if you're "matched" to a job by a JSA adviser then you can be sanctioned if you don't apply. You could also be sanctioned if you don't attend training courses you're referred to by the Jobcentre. If you're on the Work Programme, the Jobcentre won't refer you for courses but your WP provider might.


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