§ Earl Russellasked Her Majesty's Government:
What information they have on cases in which people are refused Incapacity Benefit on the ground that they are fit to work, and then turned away by Jobcentres on the ground that they are not fit to work; and how they intend to ensure that this situation does not recur in future. [HL3712]
168WA
§ Baroness Hollis of HeighamThe decision of an Adjudication Officer that a person is capable of work following an All Work Test assessment is conclusive for all benefits where capacity for work is at issue, including Jobseeker's Allowance. This is set out in legislation and is an important safeguard to prevent people leaving Incapacity Benefit being denied access to Jobseeker's Allowance. We are not aware of any recent information to suggest that this principle is not being followed in practice.
In turn, the Jobseeker's Allowance rules recognise that people with disabilities, including those leaving Incapacity Benefit, may need to restrict their availability for work. The rules allow a jobseeker to restrict his or her availability for employment in any way that is reasonable in light of his or her medical condition.