JSA Cancelled

[THNX4THT]

My ex was in receipt of Incapacity. He was assessed by ATOS for ESA. They deemed him fit for work. So they cancelled his Incapacity and ESA claim. He was told he could apply for a reconsideration but wouldn't be able to get any benefit, as JSA would mean he was fit for work. He had to sign on, because he had no money. The reconsideration was cancelled as he had applied for JSA

 

Since then his doctor has given him a sick note for 3 months stating he is unfit for work. His JSA claim has been closed and he has been told to apply for ESA, but the Job Centre have told him his application will be bounced back to ATOS who have already stated he is fit for work unless he has a new condition, which wasn't included in the original ESA application, but it is likely his application for ESA will be turned down anyway. Even though his reconsideration has been cancelled, the job centre say that the ATOS decision still stands. He has also been told by JobCentre Plus, that the sick not can be overturned by ATOS, ESA or JSA.

 

His only choice left is to claim JSA, but as his Dr has said he is unfit for work for 3 months, he wont be entitled to any JSA.

 

He is in a catch 22 position. He has no money. The government really didn't think this one through, but whilst we debate that and the fact on the news tonight, its been stated 712,000 people are waiting for their ESA claims to be completed, does anyone have any idea as to what, if any, benefit he can claim?

 

I understand that Income Support and Incapacity benefit no longer exists to new claimants.

 

Please anyone, can you help? His depression and anxiety as you can imagine is going through the roof.

[Lapsed Workaholic]

In cases of need where other benefits have been stopped for whatever reason a claim for Hardship Payments can be made through the Jobcentre,

 

Forms can be got from the Jobcentre.

 

Further advice and guidance on Hardship Payments can be had from Citizen’s Advice, or one could visit some of the advice sites on the internet.

 

Don’t forget if you are in receipt of Housing Benefit to notify you Council Benefits Office straight away. I believe one of the first things the Jobcentre does on stopping benefits is to notify the Council and this invariably puts a stop on any Housing Benefits you may have been in receipt of.

 

If you have to wait for payments to be processed and you need money right away you might be able to get a Short-term Advance from the Job Centre, you would need to show that you are in dire need. Again seek advice on this.

[THNX4THT]

In cases of need where other benefits have been stopped for whatever reason a claim for Hardship Payments can be made through the Jobcentre,

 

Forms can be got from the Jobcentre.

 

Further advice and guidance on Hardship Payments can be had from Citizen’s Advice, or one could visit some of the advice sites on the internet.

 

Don’t forget if you are in receipt of Housing Benefit to notify you Council Benefits Office straight away. I believe one of the first things the Jobcentre does on stopping benefits is to notify the Council and this invariably puts a stop on any Housing Benefits you may have been in receipt of.

 

If you have to wait for payments to be processed and you need money right away you might be able to get a Short-term Advance from the Job Centre, you would need to show that you are in dire need. Again seek advice on this.

 

This is the one time when being homeless is possibly thankful, no housing benefit or council tax benefit to concern oneself with, but thanks for the info....

[antone]

He can't claim Hardship if his JSA claim has been closed. But what I don't understand is why his recon stopped when he claimed JSA. That makes no sense - a recon or appeal is not cancelled simply because the claimant makes a JSA claim.

[THNX4THT]

He can't claim Hardship if his JSA claim has been closed. But what I don't understand is why his recon stopped when he claimed JSA. That makes no sense - a recon or appeal is not cancelled simply because the claimant makes a JSA claim.

 

Perhaps its one of those scare mongering tactics some people use...to what end, I have no idea, but its worked. He doesn't want to talk to me about it any more and hates money, even if he may need it to survive.

[Lapsed Workaholic]

If I understood what I’ve read, according to THNX4THT the claimant was on ESA, assessed and found to be fit for work, then went onto JSA. Doctor gave him sick note and his JSA was stopped. He is now in limbo because there appears to be some confusion about what benefit he should actually be on.

 

The first sentence of the advice from CAB, which I have pasted below, would appear to describe the position this claimant is in and as such, according to them, would entitle him to Hardship Payment.

 

Hardship payments and Jobseeker's Allowance

A hardship payment is a reduced amount of Jobseeker's Allowance which you may be able to get if you have been refused Jobseeker's Allowance, or your benefit has been stopped, because of doubts about whether you are available for and actively seeking work. You may also be able to get them if:

• you are waiting for the Jobcentre Plus office to decide whether you meet the jobseeking conditions
  
• you have been sanctioned (see under Jobseeker's Allowance and sanctions)
  
• your JSA has been stopped for a fixed period following a benefit fraud offence.
  

If you want more information about hardship payments, and how to apply for them, you should ask in the Jobcentre Plus office for form JSA 10, 'Jobseeker's allowance hardship application'.

 

I reckon, therefore, in their desperation, they could try seeking further advice from the CAB and from JCP. before giving up on the chance, however slim.