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JSA and Disability premium or ESA.
A childless couple have been on ESA for some time with him as the claimant. She has been unfit for work for 2 years but has not needed to obtain sick notes because she was not the claimant. He is now somewhat recovered and wants to claim JSA. Niether get DLA or PIP - she has applied but, surprise surprise is still waiting for her assessment - 6 months and counting.
2 questions - this first one arose when I was searching for the answer to the second one.
1. I understood that they could claim JSA at the couple rate and she would be exempt from jobseeking by providing a sick note, for as long as she can provide them. If she eventually gets PIP they wilt be better off on JSA because of the disability premium. However another thread about DP suggests that they will only be able to claim in this way for a few weeks and then she would have to claim ESA instead. If they can only claim for a few weeks then that makes my second question irelevant.
However, 2. if they can claim JSA for as long as they like, is there way of her illness enabling them to get the DP straight away? She has been sick for over 364 days but has not been on any qualifying benefits, has never been through a WCA, and as I say has not even been obtaining sick notes as had no need to. I assume this is probably a non-starter but just wanted to check!
Are you suggesting someone can claim JSA and not look for work in the long-term with a med3? Check out DRH pp142-5 for rules on premiums.
I was talking about the exemptions that allow one of a joint claim couple not to have to satisfy the jobseeking conditions. Rereading my post I see that wasn’t as clear as it could have been! Latest CPAG suggests that she can potentially be exempt for as long as she can provide a med 3, without having to go through a WCA. He will be jobseeking as normal. Anyway I think I have probably resolved it now, thanks.