JSA and Sick note for 3 months

[THNX4THT]

My ex was on incapacity and he was told he was fit for work, and now claims JSA. His doctor has given him a sick note "unfit for work" for 3 months. I can't imagine he'll still get JSA, I may well be wrong....What will he be able to claim anad will it be at a reduced amount?

 

The other thing I wanted to ask on his behalf, he has to sign weekly although he is currently staying at his daughters address. I thought you had to sign weekly if you didnt have a safe address to receive communication or possible giros, (its paid into his account).

 

Any ideas as to why he would have to sign on weekly?

[antone]

A sick note is of no use to a JSA claimant. The maximum sick time available is two periods of up to 14 days in any given year. So if he's not fit for work, he will need to claim ESA instead. The basic ("assessment") rate of ESA is the same as JSA.

 

Some claimants are asked to sign weekly once they've been claiming for a certain period of time - maybe 13 weeks or so? It's fairly common and, while annoying, isn't anything to worry about.

[THNX4THT]

A sick note is of no use to a JSA claimant. The maximum sick time available is two periods of up to 14 days in any given year. So if he's not fit for work, he will need to claim ESA instead. The basic ("assessment") rate of ESA is the same as JSA.

 

Some claimants are asked to sign weekly once they've been claiming for a certain period of time - maybe 13 weeks or so? It's fairly common and, while annoying, isn't anything to worry about.

Even if he's been turned down for ESA (Incapacity no longer existing) he will be able to claim ESA?

[antone]

Even if he's been turned down for ESA (Incapacity no longer existing) he will be able to claim ESA?

 

On what date did his IB/IS or ESA stop? Was it more than six months ago?

[**Margaret**]

:THNX4THT:

 

Well that's answered the question about whether it was a reassessment of incapacity benefit for a conversion award of employment n support. How long is it since the date of the decision?

 

If your ex partner feel he meets the criteria for an award of employment n support allowance, and it's not yet a month since the date of the decision, he should consider asking Jobcentreplus to 'look at their decision again', technically known as 'mandatory reconsideration'. Can be done over the phone, but best done in writing via recorded delivery, cos they 'lose' a lot of verbal requests.

 

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

 

Exceptional/special circumstances at pages 10 - 12.

 

Descriptors of activities that are relevant to the workplace at pages 18 - 28.

 

There isn't an official form to request mandatory reconsideration but Leicester Welfare Rights have helpfully donated a template for Citizens Advice;

 

http://www.adviceguide.org.uk/england/benefits_e/benefits_sick_and_disabled_people_and_carers_ew/employment_and_support_allowance.htm

 

After longer than a month, unless there was a good reason (serious illness, bereavement type things) it's too late to request reconsideration.

 

Within six months of the date of a 'fit for work' decision a new claim for employment n support can only be paid from the outset for a different condition or a deteriorating condition.

 

Should your ex partner decide to stick with jobseekers, he should ask to see a disability employment adviser as soon as possible. He may be able to negotiate reduced conditionality for his jobseekers agreement/claimant commitment. Advisers are supposed to make allowances for limitations caused by medical conditions. For example, he can't be mandated to apply for shelf stacking in a warehouse if respiratory problems limit lifting and walking.

 

Best wishes, Margaret.

 

 

 

 

 

[THNX4THT]

Youre a star, thanks for the information, I'll pass it onto him.