ESA Regs Change and Writing ESA50

My husband is IB transferring to ESA50, I am filling out the ESA 50 form, I am writing on his behalf, And I will sign and state that at the end of the form. (writen and printed material).
my husband is not able to fill out the form himself or type it on a computer.

Does ATOS look at the wording used:
Should I write 'my husband suffers', will they perhaps think he is capable of dictation (that his cognitive function is fine and use it against him) or if I write using I', will they conculde he wrote some of the form himself.


I have noted that Regulations 25 and 31 have replaced Regulations 29 and 35.? Date of change?)

My husbands doctor has written a support letter to the old regualtions, will they still be considered as the the reg number has changed.


Thank you,

If your husband is capable of dictating replies I think you should put 'I' and explain that he dictated to you. If he is not able to do this I think you should write in the third person and explain that you have completed the whole form as he is not able to do so.

The regulations were changed in January of this year. Has your GP clearly stated what your husband can and connot do, or has he just said something like 'he statisfies the criteria of regulation 25/31'? if the former, then it should be OK. If the latter then there is a poosibility that the issue will not be clear to the HCP/Decision Maker.

black2cat wrote: My husband is IB transferring to ESA50, I am filling out the ESA 50 form, I am writing on his behalf, And I will sign and state that at the end of the form. (writen and printed material).
my husband is not able to fill out the form himself or type it on a computer.

Does ATOS look at the wording used:
Should I write 'my husband suffers', will they perhaps think he is capable of dictation (that his cognitive function is fine and use it against him) or if I write using I', will they conculde he wrote some of the form himself.


I have noted that Regulations 25 and 31 have replaced Regulations 29 and 35.? Date of change?)

My husbands doctor has written a support letter to the old regualtions, will they still be considered as the the reg number has changed.


Thank you,

Hi b2c,

ESA Regs 25 & 31 have not replaced ESA Regs 29 & 35.

The new Regs 25 & 31 with only be effective if/when Universal Credit engulfs IR ESA, which will be October 28th 2013 at the earliest.

So for current ESA claimants, it is still ESA Reg 29, :

ESA Reg 29 for entry to The WRAG (LCW)

with this added amendment, as from 28/01/13 :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

And ESA Reg 35, :

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made


My comments regarding UC engulfing IR ESA, and 28/10/13 applies to all of the : ESA Regs 2013

bro58