a paradoxical situation in which an individual cannot or is incapable of avoiding a problem because of contradictory constraints or rules.

The DWP issued a Press Release today,  Employment and Support Allowance for claimants who challenge a decision containing the response to an FoI request.

The request was "We have confirmation that the DWP is actively considering axeing  employment and support allowance (ESA) payments for claimants who challenge a decision that they are fit for work.  Instead, claimants will have to try to sign on for jobseeker’s allowance, where they will face a harsh new regime which, from later this month, will include potential benefit sanctions of up to three years.  Please clarify if any of these assertions are true?"

And the response was, in part, "Following the introduction of mandatory reconsideration, payment of ESA will cease once a decision is made that the claimant does not have limited capability for work. If the claimant wishes to dispute this decision they must request that the decision maker looks at it again (mandatory reconsideration).   Whilst the decision maker is reconsidering the decision, ESA cannot be paid as there is no legal basis to do so.  ...... During the mandatory reconsideration process, whilst ESA cannot be paid, claimants have the option of applying for alternative benefits, such as Jobseekers Allowance, however they must meet the conditions of entitlement."

The conditions for claiming and receiving JSA? 

To qualify for JSA you usually have to be:

• 18 or over (but below State Pension age)
• able and available for work

When you apply for JSA, you must go to an interview to complete your claim.

To keep getting JSA you must go to a Jobcentre office (usually every 2 weeks or when asked) to show how you’ve been searching for a job. This is known as ‘signing on’.

So, perfectly clear then ... if you are challenging a decision on your claim for ESA or the reclassification of your Incapacity Benefit status, which has declared you "fit for work" you can't receive ESA, but you can claim for JSA, provided you can give an assurance that you are (1) able and (2) available for work, and (3) show evidence you are actively and conscientiously looking for work.

Joseph Heller, who he? 

'A decision on whether someone is well enough to work is taken following a thorough assessment,

and after consideration of all supporting medical evidence.**'  That is the DWP line. 

She then had to be assessed by Atos assessors in Southend, but despite her regular blackouts and medical history her husband was not allowed to be present.

Mrs Wootton was questioned for 20 minutes and assessors found she was fit to work and subsequently stopped her employment support allowance and disability living allowance.

She appealed, but the Department for Work and Pensions rejected it. Mrs Wootton died in hospital on April 24 with her husband by her side.

** Minister with responsibility for the WCA and all procedures related to it Mark Hoban on 20th November 2012:

"The WCA is the right process for determining who is able to work and who needs support, and we are committed to continual improvement, which is why I am happy to accept all of Professor Harrington’s recommendations. It is in everyone’s interest to make sure the system is as fair and as accurate as possible". 

Among the recommendations made by Prof. Harrington in his 3rd (and final) review of the WCA that Hoban had signified had all been accepted:

• Measures to further improve the collecting of medical evidence as early in the process as possible;
• Ensuring DWP> decision-makers have enough time to make carefully considered decisions while ensuring a timely service;

From HoC Hansard 17 Jan 2013: Column 1080:

Heather Wheeler: I finish on two final points because time is short and many people want to speak. People have mentioned the tick-box nature of the interview; my constituents find it hugely frustrating that they cannot expand on an answer. After all this time, perhaps the interview process could be tweaked to allow that. My last point is about the absolute frustration of GPs and consultants who feel that no account whatever is taken of the fact that they take their time to write the letters. That is desperately frustrating and a huge waste of public money.
The Minister of State, Department for Work and Pensions (Mr Mark Hoban): We do ask GPs and consultants to provide medical evidence; we send a form to them. Only 37% of those are returned in time
Heather Wheeler: I thank the Minister for putting that on the record. I will gladly go back to my GPs and consultants and say that they will be taken into account if they please return the forms on time.

** Minister with responsibility for the WCA and all procedures related to it Mark Hoban on 22nd January 2013:

"Getting the Work Capability Assessment right first time is my absolute priority. Those who are fit should work, but those who aren’t need real support. Today’s figures show that the improvements we have made since 2010 are making a real difference.

Whether it’s improving the way people with cancer are assessed, making sure we get people’s medical evidence as early as possible, or refining the assessment of people with mental health problems, I am committed to continually improving the system.

Having a fair and accurate assessment is fundamental to ensuring that those who are able to work get the help they need, and those who are too sick or disabled are fully supported".

** Minister with responsibility for the WCA and all procedures relating to it Mark Hoban on February 8th 2012, responding the PCA report on the content and conduct of the WCA, which said "there had been much criticism of Atos, the firm contracted to conduct so-called work capability assessments (WCA), but it warned that most of the problems lay with the Department for Work and Pensions."

Mark Hoban, the employment minister, dismissed the report as incomplete and failing to take into account the mess that was inherited from the last government.

"This report completely fails to recognise the considerable improvements we have made to the Work Capability Assessment since coming to power in 2010, having inherited a system from the last government that was not fit for purpose," he said.

Because it is obviously perfect now, and anything that was ever wrong with it wasn't and isn't the fault of the DWP or Atos, that is for sure.