estonian claiming ESA

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    I have an Estonian who has been here since 2005 and employed by various companies until his last job ended on 14.3.09. In April 2009 he was admitted to a Mental Health Unit at the local hospital.

    He has now been discharged and has been homed in a property which is an extension to one of our homeless hostels and has claimed ESA (no decision on this yet). I am still waiting receipt of his Worker Card to find out when he registered on the scheme to establish 12 months registered work. I am currently assuming he will have satisfied this.

    Are we ok to pay on no income whilst he is awaiting a decision from the BA, under the sickness rules as he recently came out of hospital and is claiming ESA rather than JSA as obviously temporarily unable to work. I have not had this before and just not sure which way I should go.

    Many thanks

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