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Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice.
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I recently signed back on for JSA after accepting job that

Customer Question

I recently signed back on for JSA after accepting job that didn't work out for either party. We parted on amicable terms and they gave me a letter confirming that I was not suitable and they had made a mistake in hiring an over qualified person.
When I went back to the Job Centre I completed a 'fast track' form but on it it asks if you have been taking medication for more than 26 weeks. I lied as I felt that admitting to taking long term medication for depression would cause complications. The long and short of it is that under new guidelines they are putting under unbearable pressure every week to find a job which is stressing me out and has made my depression so bad I'm not sure I could work if offered a job tomorrow. In the short term my Dr has given me a 2 week sick certificate but this will not solve the long term issue.
Am I best to admit I lied about the medication and depression? If I do so what will be the ramification financial wise?
I don't want to go on permanent sick as I want work again but all this has taken its toll on me and I'd like your advice on the best course of action.
Thank you
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Fran-mod replied 4 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.
please continue to look fir an answer. I need to know by Thurs midday.
Thanks
Lisa
Expert:  Wendy-Mod replied 4 years ago.
Thank you for your patience, Lisa. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 4 years ago.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 4 years ago.
please cont to get an answer for me until midday tomorrow. If you cannot get an answer by then I will close the question and request a refund. An answer would really be appreciated as it would help to know where U stand. I don't want to be in the position of having my benefits cut off. Thanks
Expert:  Fran-mod replied 4 years ago.
Thanks you. We will keep trying until tomorrow for you.
Expert:  Jo C. replied 4 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I will be able to help with this.

So, in short, they are paying you JSA but only on the basis that you have been taking medication for longer than you have?
Customer: replied 4 years ago.
FOR JOMO1972

No. I'm am being paid JSA because I am frantically searching for a job. I took one which only lasted for a month which by agreement of both parties I was not suitable (over qualified) and an letter was issued to the Job Centre to that effect. They had no problem with it and have continued to pay my JSA

The fast track form that I have had to fill has asked me if I have been taking medication for 26 weeks+ prior to the claim. I lied and answered no as I did not want my at the time mild depression brought into it. Having been through everything I have been through to get a job (i've even flown to Holland) and the unsuitability of the job I did start (I'm a Snr marketing manager)and now having to go back on JSA has made my depression worse to the point I couldn't work tomorrow if I got a job. I have a 2 week cert declaring I have depression from my GP to take the immediate pressure off but if they do find out that I lied on my form and have taken medication for depression In the 26 weeks before I claimed what possible action can they take against me? Also as I can work at the moment does that mean I should be on a different benefit?
Expert:  Jo C. replied 4 years ago.
Ok.

But what was the fast track form for please?
Customer: replied 4 years ago.
to reapply for JSA after being in work for a short period of time (ie less than 3 months) prevents you from going through the full application system again.
Expert:  Jo C. replied 4 years ago.
Thank you for the information. I just need ten minutes to dictate an answer is thats Ok?
Expert:  Jo C. replied 4 years ago.
I see what you mean.

In terms of the best option, it's really a matter of balancing risk against gain.

The issue isn't just a financial one. If you're saying that you have lied in order to maximise the benefit claim then they could argue that that is fraud and prosecute.

If it is just the amount of medication that you are on then I think it is unlikely that they would prosecute but it is something that you cannot exclude.

Equally though, it would be unethical to carry on receiving payments in these circumstances.

One option is to disclose that your claim contained an error.

It is possible that they could dishonour your claim. Again if it is just the type of medication that you're on the land not sure they would.

In any events, if you have developed this more significant conditions then you may well have an application for what is left of income support rather than ESA.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.
I still don't think you understand what i'm asking.
Expert:  Jo C. replied 4 years ago.
I would normally have been prepared to consider this further but you have left a bad service rating so I won't be able to let you have any more information.

All the best.
Customer: replied 4 years ago.
I would like a refund please as you failed to answer my question accurately and effectively. Please advise when my £22 will credited back to my account?
Thankyou
Customer [email protected]
Expert:  Jo C. replied 4 years ago.
I have opted out.
Customer: replied 4 years ago.
for jomo1972

what does ' I have opted out' mean mean? My question was enquiring as to whether you will refund my money for not supplying the answer I need. Im on JSR remember and can't afford to pay for advice that doesn't answer my question.
Thankyou
Customer: replied 4 years ago.
I have replied. I would like a refund on the basis that you have not answered my question correctly or effectly
Thanks
Customer
Expert:  Wendy-Mod replied 4 years ago.

Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 4 years ago.
please cancel as too late now. Please confirm refund the £22 back onto my card. Thanks
Langyins
Expert:  Wendy-Mod replied 4 years ago.
Hello Langyins,

I will close your question per your request and return your good faith deposit to your original funding source immediately. It may take up to 4 business days to show back up in your account depending on your credit card company.

Thank you for trying JustAnswer, I hope you will consider us again for future questions,

Wendy