refugees from ESA refused JSA - disability discrimination?

We have a couple of cases at the moment where clients are awaiting ESA appeals but have claimed JSA in the interim - for various reasons, including wanting to work and the fact that since they both receive DLA their payments of JSA include a disability premium, unlike ESA pending appeal. One case concerns a person with an above knee amputation (but who can use a manual wheelchair) another a person with learning difficulties (no reading or writing). Despite their obvious disabilities neither has a watertight case for ESA so another reason for claiming JSA is that they may have to in the end anyway.

In both cases JCP have made repeated efforts to block their JSA claims, to the point of disallowance, using excuses like ‘they can’t produce a CV’ ‘they can’t sign on’ or ‘they should be on ESA’.

I can feel a Disability Discrimination Act case building here. We need some more work on exactly what strategies JCP deploy to block unwanted claims like these, and the details of each case, but I was wondering at this stage if anyone else has considered this issue, has any experiences, or any technical thoughts. A DDA case would have to be under the ‘goods and services’ provisions of the Act, and made in the County Court, presumably following a detailed complaint/letter before action.

The ironies, and the perverse politics, of the whole situation are obvious, of course.

Richad Atkinson

There’s some Select Committee discussion here about the problems of the procedure under the old DDA. I don’t think the procedure is vastly different under the Equalities Act. It strikes me that a well-crafted questionnaire might be of use to you, in getting ammunition for a case - or else deciding that you don’t have one. Assuming the DWP bother to respond, of course.

I recognise this scenario - so far we have been able to maintain the argument that there is a reasonable prospect of finding work, whilst waiting for a habitual residence decision but there have been well-intentioned recommendations to claim ESA/appeal an ESA decision despite this having no realistic prospect of success. Will keep you posted   Ruth