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TOPIC: INCAP TO ESA is there any exemption rules?

INCAP TO ESA is there any exemption rules? 1 year 3 weeks ago #108614

:) Hi everyone I`ve not been on the forum for a while, like others I feel physically and mentally drained of the ESA50 and Atos merry-go-round! Tribunal case, further ESA50 form, another appeal requesting I be placed in the support group. Only in the last couple of months I finally received a letter advising I am now in the support group for 18 months, to say I felt a weight lift from my shoulders is a understatement and thank you for everyone’s advice and help on here, the guides are amazing and defiantly help through the maze of questions on the forms.


:angry: Just when I thought it was save to try and have some life back without DWP and Atos , my partner has recently been sent ESA50 01/13. My partner was signed off indefinitely 10 years ago by his GP and the DWP was sent all the information regarding his progressive illnesses/ disabilities, he has been in receipt of long-term incapacity benefit and DLA. Although over the years his DLA care and mobility have been increased due to the worsening and progressive nature of his health conditions. In the last couple of years his DLA was awarded indefinitely to High rate care and High rate mobility. His latest DLA Letter is dated March 2013 with no changes to that decision. Because of this should he be exempt from completing the ESA50 01/13? It is causing my partner and me a lot of worry and distress which is affecting his symptoms.

Think I read on here somewhere that the DWP should really be getting in touch with the GP first before sending the ESA50 and a different form should have been sent to GP to be completed first.
Last Edit: 1 year 3 weeks ago by Mrs Hurtyback.
The administrator has disabled public write access.

INCAP TO ESA is there any exemption rules? 1 year 3 weeks ago #108615

Hi Meg,

I am sorry to tell you that, unlike IB, there is no exemption for people on DLA when it comes to claiming ESA. It is possible that, if enough information and evidence is supplied with the ESA50, the claim will be decided without the need for a face-to-face assessment, but there is no guarantee of this.

Your husband should expect periodic reassessments for the whole time he remains on ESA. This can vary from 3 months to 2 years (if in the WRAG) or 3 years (in the Support Group).

It is unusual for DWP?ATOS to contact the claimant's GP, this is most often done if there is a possibility that the claimant will be put straight into the Support Group.

Our ESA and IB/ESA FAQs are here

IB/IS/SDA transfer FAQs

ESA FAQs

and our ESA guide is here

ESA claims and appeals

You might find it helpful to use the inter-active PDF version of the ESA50

Using The PDF Version Of The ESA50 Questionnaire

As usual, I will ask you to bookmark this topic so that you can find it easily in future. This will help the mods to help you by keeping everything in one place :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

INCAP TO ESA is there any exemption rules? 1 year 3 weeks ago #108618

Hi miss hurtyback sorry I am a bit confused by your reply. My partner is on long term IB and has been for 10years.

I have been reading the guide on here - Exempt But sent a questionnaire? It mentions in the guide about the GP being sent a IB113 . Part of the guide says -

More details about exemptions and the grounds for them are given in our detailed guides to the PCA. But, in general, conditions such as blindness, terminal illness or severe, and often progressive, conditions such as inflammatory polyarthritis or multiple sclerosis give rise to exemption. Any mental health condition, such as depression or anxiety, may also give rise to exemption if it is sufficiently severe.

In addition, if you are in receipt of the higher rate of the care component of Disability Living Allowance (DLA) you are automatically exempt from the PCA.

Usually the evidence that you are exempt comes from your GP or another health professional in a form called an IB113 which they will have been sent by the DWP . Sometimes, however, it is only when you attend a medical that evidence emerges that you should be exempt.

That is why I was wondering why my partner has been sent the ESA50 form as his condition is severe and he is on high rate care of DLA .
Last Edit: 1 year 3 weeks ago by bro58.
The administrator has disabled public write access.

INCAP TO ESA is there any exemption rules? 1 year 3 weeks ago #108621

  • bro58
  • OFFLINE
  • Forum Moderator
Meg3 wrote:
Hi miss hurtyback sorry I am a bit confused by your reply. My partner is on long term IB and has been for 10years.

I have been reading the guide on here - Exempt But sent a questionnaire? It mentions in the guide about the GP being sent a IB113 . Part of the guide says -

More details about exemptions and the grounds for them are given in our detailed guides to the PCA. But, in general, conditions such as blindness, terminal illness or severe, and often progressive, conditions such as inflammatory polyarthritis or multiple sclerosis give rise to exemption. Any mental health condition, such as depression or anxiety, may also give rise to exemption if it is sufficiently severe.

In addition, if you are in receipt of the higher rate of the care component of Disability Living Allowance (DLA) you are automatically exempt from the PCA.

Usually the evidence that you are exempt comes from your GP or another health professional in a form called an IB113 which they will have been sent by the DWP . Sometimes, however, it is only when you attend a medical that evidence emerges that you should be exempt.

That is why I was wondering why my partner has been sent the ESA50 form as his condition is severe and he is on high rate care of DLA .

Hi M3,

The extracts from the guides that you are referring to are pertinent to IB.

As your partner has received an ESA50, they are now being migrated over to ESA, so the rules for IB no longer apply.

MHB has provided the relevant links.

You should also have a read of :

"Being transferred from incapacity benefit to employment and support allowance" at the top of this page :

ESA Claims Guides

You may also find "Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA."
on the same page, helpful.

IB is a defunct benefit now, and all current recipients will be transferred over to ESA before Spring 2014.

You should refer to the ESA Claims Guides under the heading of "New ESA50 form" whilst filling in the ESA50.

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 3 weeks ago by bro58.
The administrator has disabled public write access.
The following user(s) said Thank You: Mrs Hurtyback, Meg3
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