ESA review

WhatThe

For Hughie, 

Reg 29 provisions no longer exist in new assessments which is why I'm concerned about you inadvertently starting a new claim for ESA which in reality would be a new claim to UC.. This is the direction of travel.

What did your 2018 Decision Notice state about regs 29/35 and why they (should have been) applied from 2016?

Perhaps the Tribunal was misled by DWP's appeal response and responded in kind. Perhaps DWP failed to reinstate your existing award or upload the correct decision effective date.      

Ask DWP which decision date was revised to trigger the WCA and why

WhatThe

We could message if you'd prefer

chiarieds

Perhaps also showing DWP guidance  for CHDC assessors will also confirm that changes to include the subgroup of 'severe conditions' didn't come into place until Sept 2017, altho, as has been previously mentioned, this was announced in Oct 2016. Please see:

https://www.rightsnet.org.uk/pdfs/WCA Severe Conditions Guidance.pdf  & under Appendix A:

'There will be a small number of those for whom their health condition or disability is such that there can be no realistic expectation that they would move towards work or take part in work-related activity at any point in the future.
To that end, in October 2016, the Secretary of State announced that the Department would stop reassessments for claimants in the ESA Support Group/UC LCWRA Group (those with Limited Capability for Work-Related Activity) with the most severe and lifelong health conditions or disabilities for whom reassessments are likely to provide no further new information'

You quote from here @WhatThe : https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/169-Work_Capability_Assessments_V17.0.pdf  at the top of p3

'When there is good reason to believe that a claimant no longer has the condition that resulted in the decision for having LCW or LCWRA in ESA, they can be referred to CHDA for a WCA......'   Please note the emboldened words. However you misinterpret this as  'You do not need to be reassessed unless DWP has evidence that you no longer meet the qualifying criteria.'

poppy123456

WhatThe said:

For Hughie, 

Reg 29 provisions no longer exist in new assessments which is why I'm concerned about you inadvertently starting a new claim for ESA which in reality would be a new claim to UC.. This is the direction of travel.

Your advice is very misleading. Hughie isn't starting a new claim, it's a review of an existing claim. It does not mean a new claim for UC at all.

Reg 29 does still exist. https://wcainfo.net/issues/substantial-risk-lcw

What doesn't exist is the extra money paid to those in the WRAG or LCW for claims started after April 2017. It still applies to those that started their ESA claim prior to the changes. Which applies to Hughie.

I've flagged your comments to a member of the scope team for misleading information.

poppy123456

chiarieds said:

You quote from here @WhatThe : https://data.parliament.uk/DepositedPapers/Files/DEP2022-0452/169-Work_Capability_Assessments_V17.0.pdf  at the top of p3

Thanks chiarieds, I also quote from that link the following..which confirms the advice i gave in an earlier comment.

The claimant is given the choice to give or to not give their consent.
If the claimant does not give consent, the WCA action continues. This means the WCA decision can only be based on the information provided.

Totally different to the advice given here.

WhatThe said:

To halt the WCA process, you may withdraw consent for your GP to provide new information to the Assessment Provider via the ESA50 or your GP will be instructed not to issue any more 'fit notes' for you - research this 

chiarieds

WhatThe said:

We could message if you'd prefer

I think it's best that everyone should rather post on the forum as misleading info can unfortunately be given, which may not then be corrected.

As poppy correctly says, hughie1 is expecting a review, so your comments are unfortunately downright confusing.

WhatThe

ESA Reg 29 provisions were removed for new claims by the 2016 Welfare Reform and Work Act

poppy123456

WhatThe said:

ESA Reg 29 provisions were removed for new claims by the 2016 Welfare Reform and Work Act

That's not correct, Reg 29 still exists, please see the link i posted above. What was abolished for new claims from 3rd April 2017 was the WRAG/LCW component/element. https://cpag.org.uk/welfare-rights/resources/article/changes-welfare-reform-and-work-act-2016

Abolition of the work-related activity component

Sections 15 and 16 abolish the work-related activity component for ESA and the limited capability for work element of UC. The government has said this will be implemented from April 2017, with transitional protection for existing claimants.

This isn't a new claim for Hughie, it's a review of an existing claim that started before the changes took place.

Community_Scope

Note from online community team: 

 

Where possible we like all discussions to continue, but we’re choosing to pause this discussion for now so things can cool down and we can review it. For more information, please read our online community house rules. 

 

We will review it and if we are satisfied the discussion can continue, we will hope to un-pause it by tomorrow. 

Community_Scope

We've made decision to keep this discussion closed because the original query has been resolved.  Anything new at this point should have it's own discussion. As an aside, we do not encourage members to give or discuss advice over private messages. While we understand it is offered with good intentions, advice should remain on the public community sections. This is in the interest of member's safety. Additionally, so that others may review, feedback, and offer their own insights.

Finally, a reminder that all given information should, where appropriate, be backed up by sources.