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ESA to JSA? Advice please (no flames)

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Original post by Tiger Rag
Be aware that you may not even get JSA if they don't think you can meet the requirements of either actively seeking work or working. They can refuse your claim on that basis.


I appreciate caution in advice but I have to say this post is incorrect if I've taken what you've said in the right way. If you've gone through the process of ESA and been found capable of work at the work capability assessment, therefore making you ineligible for ESA, how exactly can the government say this at the same time as trying to refuse you JSA? They can't. Some evil person at the job centre might try it on, they try all sorts from what I hear, but I'm in the middle of this situation myself (appealing aginst an ESA decision, with me feeling I'm not fit for work) and have my first sign on for JSA on Thursday. I can appeal the ESA decision, but as they've for the moment found me fit for work of course I'm eligible for JSA. Like I say though, there's something like a 1% chance of some inept / nasty advisor at a job centre trying it on, but the law would not be on their side. In that instance get your MP involved and watch said job centre person jump through hoops.
(edited 7 years ago)
Original post by ironandbeer2
I appreciate caution in advice but I have to say this post is incorrect if I've taken what you've said in the right way. If you've gone through the process of ESA and been found capable of work at the work capability assessment, therefore making you ineligible for ESA, how exactly can the government say this at the same time as trying to refuse you JSA? They can't. Some evil person at the job centre might try it on, they try all sorts from what I hear, but I'm in the middle of this situation myself (appealing aginst an ESA decision, with me feeling I'm not fit for work) and have my first sign on for JSA on Thursday. Wasn't an issue for them as they know how ridiculous the rules are. Like I say though, there's something like a 1% chance of some inept / nasty advisor at a job centre trying it on, but the law would not be on their side. In that instance get your MP involved and watch said job centre person jump through hoops.


It can and does happen
Original post by Tiger Rag
It can and does happen


I said there was a chance of them trying it on. But it would be against the law. So just going through the motions will correct the situation. Unless of course you're the type of person who doesn't question authority in any way, in which case.....
Original post by ironandbeer2
I said there was a chance of them trying it on. But it would be against the law. So just going through the motions will correct the situation. Unless of course you're the type of person who doesn't question authority in any way, in which case.....


It wouldn't be against the law. It would be perfectly possible to not meet the criteria for JSA and ESA, given the ESA criteria.
Original post by Tiger Rag
It wouldn't be against the law. It would be perfectly possible to not meet the criteria for JSA and ESA, given the ESA criteria.


Quote me some law then. Do you not see the contradiction in the law finding you fit to work at the work capability assessment but saying you can't actively seek work on JSA? The WCA decision is binding until such a time as it may be overturned. The law has basically, for the time, being said you are exaggerating your illness or flat out lying therefore you should hunt for a job aka JSA. Any appeals you make are irrelevant until such a decision is reversed, and then you're on ESA anyway.
Original post by ironandbeer2
I appreciate caution in advice but I have to say this post is incorrect if I've taken what you've said in the right way. If you've gone through the process of ESA and been found capable of work at the work capability assessment, therefore making you ineligible for ESA, how exactly can the government say this at the same time as trying to refuse you JSA? They can't. Some evil person at the job centre might try it on, they try all sorts from what I hear, but I'm in the middle of this situation myself (appealing aginst an ESA decision, with me feeling I'm not fit for work) and have my first sign on for JSA on Thursday. I can appeal the ESA decision, but as they've for the moment found me fit for work of course I'm eligible for JSA. Like I say though, there's something like a 1% chance of some inept / nasty advisor at a job centre trying it on, but the law would not be on their side. In that instance get your MP involved and watch said job centre person jump through hoops.


Have you had your interview yet?
Have you made your JSA agreement?
Original post by 999tigger
Have you had your interview yet?
Have you made your JSA agreement?


It is on Thursday. I can make reasonable adjustments to my JSA agreement. Or I can not. Up to me. Nothing about me not being able to claim JSA.
Original post by ironandbeer2
It is on Thursday. I can make reasonable adjustments to my JSA agreement. Or I can not. Up to me. Nothing about me not being able to claim JSA.


Sorry i was asking to assist and advise not get into an argument. I havent read all the posts.
Original post by 999tigger
Sorry i was asking to assist and advise not get into an argument. I havent read all the posts.


Took it as intended :smile: OP can hopefully take on board everyone's posts and therefore be cautious but at the same time not stress themselves out.
Original post by ironandbeer2
Took it as intended :smile: OP can hopefully take on board everyone's posts and therefore be cautious but at the same time not stress themselves out.


I havent a clue what you are going on about. I do know about jsa and the process though
Original post by 999tigger
I havent a clue what you are going on about. I do know about jsa and the process though


Brilliant.
Original post by ironandbeer2
Brilliant.


Enjoy your fight against the system then.
Original post by 999tigger
Enjoy your fight against the system then.


Erm there won't be a fight.
I did this today and am now on JSA again with restrictions on my jobseeker requirements :smile:

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