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Mutually exclusive decisions
Client has been refused ESA as he couldn’t get enough points. This has been upheld by a Tribunal on three separate appeals but every time he goes to claim JSA he gives them a med cert from his doctor and the JC+ staff say he cannot claim JSA and send him back down the ESA route again.
I cannot see anything in s.6 of the jobseekers act or in the JSA regs that would automatically preclude a person from claiming JSA in these circumstances so I have to assume it is down to the opinion of the JC+ person,which is of course completely opposite to the ESA decision makers opinion and so the whole thing goes round again.
I have not been to see the client yet so I don’t know if the refusal of JSA is proper decision in writing or just the verbal opinion of someone at the jobcentre, I rather think it is the latter.
The client can’t go on like this so does anyone know of any regulation or caselaw which clearly sets out which decision has priority so if he really can’t get ESA we can ( in the most respectful way) force JSA into taking a claim.
The problem is that Jobcentre frontline staff dont know the rules fully due to poor training, so its probably an opinion.
I know that Jobcentre Plus advisers have the discretion to limit the kinds of jobs suitable with regard to Jobsearches, but they would rather that ill clients were just put somewhere else as it can make their job easier.
We get the ESA>JSA>ESA>JSA merry go round all the time unfortunately.
My local Jobcentre Plus Disability adviser signposts clients to me to see if i can appeal WRAG decisions and try and get people in ESA Support group.
Some clients were put into WRAG 6-7 weeks earlier by tribunal, so not appeal-able unless error in law blah blah blah. Many JC+ staff dont know Support group criteria , but feel their clients “should” be put there. Try saying THAT to a FTT chair!
I agree that he’s probably been verbally informed he should be claiming ESA rather than JSA. I think your best bet is to advise him to insist on his right to make a claim for JSA (perhaps whilst you are with him to assist, or with the assistance of a family member or friend) and ideally see if his GP will provide him with a brief letter confirming his health problems and commenting on what reasonable limitations he will have in relation to the sorf of work he can look for. Hopefully, he can then get claim accepted on the basis he is available for work within limits (and get this into his jobseeking agreement).
Client has been refused ESA as he couldn’t get enough points. This has been upheld by a Tribunal on three separate appeals but every time he goes to claim JSA he gives them a med cert from his doctor and the JC+ staff say he cannot claim JSA and send him back down the ESA route again.
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I think the problem is the bit about taking in a medical certificate from his GP. I don’t think too many JCP staff are going to take a claim for JSA when someone is producing evidence that he is not fit for work. If he wants to claim JSA, he needs to claim JSA wiithout handing a medical certificate in at the same time
[ Edited: 11 Dec 2012 at 09:55 am by Brian JB ]Though of course a GP’s certificate is overruled by the WCA result, unless that is overturned on appeal.
Though of course a GP’s certificate is overruled by the WCA result, unless that is overturned on appeal.
With respect to the other comments here, and of course Ariadne included, I think the problem is that if a person goes into a jobcentre, and makes it clear that s/he does not feel that s/he is fit for work, it is quite understandable that staff take the view that s/he is not going to be available for and actively seeking work. There are, of course, numerous occasions when the GP certificate isn’t overruled as such, because the WCA decision confirmed by the tribunal was more than 6 months before, in which case a new claim for ESA can be paid pending the next WCA on the basis of GP certification