Joint Claim for JSA?

Just need confirmation that I am on the right lines here;

Client, EU national, had accident in Feb this year, claims ESA, refused due to R2R, under appeal.

Subsequently re-unites with wife who moves in to care for him. PIP refused, under appeal.

Wife told cannot make joint JSA claim for both due to his R2R decision by JCP (yes, I know!) so claims for herself only. No decision on claim yet.

My take on this is that he is exempt from requirement to make joint claim (CPAG p.70) due to submitting medical evidence (i.e med certs) that he had limited capability for work, despite failing R2R. This is reinforced by the fact that he has a WCA next week.

Is this correct?

Cheers all!

Yes it all appears correct. Does Cl have children? Are Children in education?

How long has Cl been in the country?

What is his wife’s nationality?

Hi

Sorry for delay! Wife is British, no children. He came with his Greek Cypriot parents aged 3 in 1961! They naturalised to become UK nationals 5 years later (for some reason he stayed a Greek Cypriot). We were not even in what was called the Common Market then.

He worked continuously from 1975 to 1992, then various periods of JSA, supported by wife who was working - but no further work from 1992. So what I am thinking is permanent R2R for 1987 - 1992 due to 5 years continuous employment, or any 5 year period from 1975 to 1992.

He was ok health-wise until an accident in Feb 2013. Not sure of extent of disabilities until I see him and wife this afternoon. He says refused DLA and then PIP.

He made a couple claim for IB ESA, refused due to R2R so no income. Cannot put claim in wife’s name as no health issues for her so I am thinking (apart from his R2R issue which we can hopefully sort out on review with appropriate evidence);

His wife was misadvised to make a single claim to IB JSA by JCP, as he is exempt and R2R would not affect claim for JSA anyway (see original post) - this has not been processed yet, so would have to get her to withdraw claim, reapply as couple, go for backdating - and do you think DWP will deal with it properly?

Or put in new claim for PIP for him and she claim IS as a couple while he waits for PIP decision - but risk is that PIP will be refused quickly due to R2R as ESA have already made decision so they won’t be on it long. Also do you think DWP will deal with this properly either? We know the claims line cannot get their heads around entitlement to IS pending a PIP decision and they might get thrown by him failing R2R for ESA, even though if she claim IS it’s irrelevant.

Aaaaarrrrgh!