switching from JSA to UC with a three month fit note

andrew18
Online Community Member Posts: 11 Listener
i know someone who is currently on JSA and has asked and got a three month backdated fit note from the Dr, they are waiting until they next sign on before switching to UC, this will take them pass the three months by over a week, i did let this person know before asking for a fit note that they cannot be on a fit note with JSA for three months as after this time they will not get paid anything because of the 13 week continuous illness rule that JSA have in place, from my understanding ones switch to UC and money has been worked out, for every day over this 13 weeks would be a over payments and they would have to pay it all back, i feel they have really messed things up as if i am right this would include JSA, rent and child tax, they have already handed in the fit note, but i have come here to see how messed up things are and is there a way they can sort things out
thank you
thank you
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Comments
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A claimant doesn’t just ‘switch’ from JSA to UC. To get UC a claim for UC has been made. Have they made a claim for UC?
If they have a partner they both must claim for UC and any UC entitlement will depend on their jo8nt circumstances.0 -
They can send fit notes for JSA but this will have no bearing on the 3 month waiting period for UC because they're not claiming UC at the moment.The waiting period for UC starts from when you report a health conditon, supported by fit note within 7 days of that. They will only receive extra money if found to have LCWRA.If they claim UC the JSA will continue for 2 weeks and then stop (assuming it's Income Related) They won't have an overpayment. If they claim housing benefit for help with the rent then this will also continue for 2 weeks and then stop. Rent will then be included with their UC. There won't be an overpayment for housing benefit.Tax credits stop once the UC claim has been submitted.0
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calcotti said:A claimant doesn’t just ‘switch’ from JSA to UC. To get UC a claim for UC has been made. Have they made a claim for UC?
If they have a partner they both must claim for UC and any UC entitlement will depend on their jo8nt circumstances.
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After 13 weeks they will be classed as a job seeker.0
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poppy123456 said:They can send fit notes for JSA but this will have no bearing on the 3 month waiting period for UC because they're not claiming UC at the moment.The waiting period for UC starts from when you report a health conditon, supported by fit note within 7 days of that. They will only receive extra money if found to have LCWRA.If they claim UC the JSA will continue for 2 weeks and then stop (assuming it's Income Related) They won't have an overpayment. If they claim housing benefit for help with the rent then this will also continue for 2 weeks and then stop. Rent will then be included with their UC. There won't be an overpayment for housing benefit.Tax credits stop once the UC claim has been submitted.0
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I’m sorry but your thoughts on not needing an assessment if claiming PIP are not correct. Claiming PIP doesn’t automatically entitle anyone to LCWRA and an assessment will be needed.I’m not aware of the 13 weeks counting towards the 3 month waiting period when you transfer from JSA.During the 3 month waiting period the extra money isn’t paid at all. The first payment starts from the 4th month after the health condition was reported. If it takes longer than this for a decision to be made then you will be owed money from the 4th month.I’ll tag a member of the scope team who will be able to advise you further. @Ad@Adrian_Scope can you help here please.0
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poppy123456 said:I’m sorry but your thoughts on not needing an assessment if claiming PIP are not correct. Claiming PIP doesn’t automatically entitle anyone to LCWRA and an assessment will be needed.I’m not aware of the 13 weeks counting towards the 3 month waiting period when you transfer from JSA.During the 3 month waiting period the extra money isn’t paid at all. The first payment starts from the 4th month after the health condition was reported. If it takes longer than this for a decision to be made then you will be owed money from the 4th month.I’ll tag a member of the scope team who will be able to advise you further. @Ad@Adrian_Scope can you help here please.
https://www.disabilityrightsuk.org/resources/new-style-jobseekers-allowance#:~:text=If you fall ill,-If you fall&text=If your illness is expected,rolling 12-month period).0 -
Yes you can’t continue with a fit note after 13 weeks and you’ll be classed as job seeker (which is what I advised). If you’re not looking for work then a claim for UC will be needed and you’ll need to report your health condition.When you claim UC you will also be classed as a job seeker until a decision is made on the WCA. It’s a work coaches discretion to either turn off or reduce commitments. Some do and some don’t.The reason I mentioned LCWRA and PIP is because I was responding to what you said about PIP and LCWRA.Housing benefit can continue with zero income. Tax credits can also continue.0
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poppy123456 said:I’m not aware of the 13 weeks counting towards the 3 month waiting period when you transfer from JSA.
@andrew18 on JSA the 'extended period of sickness' rule is for 13 weeks, after which time as you both say, the claimant will no longer be able to claim JSA and will need to claim UC (or New Style ESA if eligible).
It's my understanding that as long as they claim UC (or NS ESA) as soon as they're able without gaps between claims, the EPS on JSA should be included when calculating the wait period.
See here (point 7.9): Explanatory Memorandum to the JSA Extended Period of Sickness amendment 2015.
And copied below:
The instrument also amends the Universal Credit (Transitional) Regulations 2014 (2014/1230).7 UC is a new working age income-related social security benefit that will replace current income-related benefits. In a similar way to ESA, UC claimants who are found to have limited capability for work or limited capability for work and work-related activity must complete a 3 month period before the additional UC elements become payable. This is called the UC ‘relevant period’. The amendment enables the calculation of the UC relevant period to include the EPS where JSA claimants make a claim for UC and move immediately into the UC relevant period.
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Thanks Adrian, much appreciated!1
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