ESA regulation 2008, regulation 30

Could I have some help understanding this please.

When filling in the ESA50 I don't remember it being essential to send medical evidence in with the form. (I now know its good pratice) Also, at the WCA, it said in the letter you can bring supporting evidence but again I didn't think you definitely had too (some GP's do charge for this). I thought all this because I was told the DWP would contain the GP via the ESA113 (which they did not).

However, in the response to the tribunal they quote this law ESA regulation 2008, regulation 30, which states the claimant should provide supporting medical evidence.

Has this always been the case? Or has the goal post shift again?

Regards.

student2007 wrote: Could I have some help understanding this please.

When filling in the ESA50 I don't remember it being essential to send medical evidence in with the form. (I now know its good pratice) Also, at the WCA, it said in the letter you can bring supporting evidence but again I didn't think you definitely had too (some GP's do charge for this). I thought all this because I was told the DWP would contain the GP via the ESA113 (which they did not).

However, in the response to the tribunal they quote this law ESA regulation 2008, regulation 30, which states the claimant should provide supporting medical evidence.

Has this always been the case? Or has the goal post shift again?

Regards.

Hi s2007,

In reality, DWP/(ATOS) Maximus only issue an : ESA 113 Questionnaire to a claimant's G.P. in around a quarter of assessment.

Even more worrying is that apparently G.P.'s only fill in and return The ESA113 in around a quarter of instances where they receive one, even though they are paid and contractually obliged to do so.

For this reason, we have always advised that claimants should source their own evidence and include it with The ESA50.

This can be difficult, as G.P.'s are not contractually obliged to provide letters of support or reports for their patients, even if they offer to pay.

The extract that you refer to from ESA Reg 30 :

"ESA Regs 2008. 30. (2) (a) :

(2) The conditions are—

(a)that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations;"

Is with respect to a claimant providing "evidence" that they have Limited Capability for Work (LCW) before they have been assessed under the WCA and a determination/decision has been made.

In other words, a sick note/fit note !

If you look at the heading of ESA Reg 30, it clarifies this :

"Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made"

From : www.legislation.gov.uk/uksi/2008/794/regulation/30/made

bro58

Thank you, this is very helpful.