ESA 50 and Capability for Work Questionnaire

Hi,

In August 2017 I applied for Employment and Support Allowance (ESA) on the basis of having Autistic Spectrum Disorder (ASD). In November 2017 I was assessed by a health assessor and deemed as being ineligible for the benefit. The matter was put forward to the mandatory reconsideration stage but with no change in the decision, so an appeal with the first-tier tribunal was sought. In April 2018, the tribunal subsequently concluded that I was in fact eligible to receive the benefit, and I was therefore placed into the Work Related Activity Group. Nevertheless, shortly after this decision was made I received written confirmation from the DWP stating that they would not immediately award me with the benefit, as they were considering appealing the tribunal's decision. Despite this, they ultimately decided around six weeks later that they would award me with it and by this point it was around three weeks into May.

In any case, earlier this month I received a blank ESA-50 Capability for Work Questionnaire from the Health Assessment Advisory Service asking that I complete and return this by the 5 April. My circumstances have not changed since last year and I am concerned that this questionnaire has been provided to me prematurely, especially as I was not awarded with ESA until several weeks after the tribunal's decision. For instance, I have recently read several internal DWP documents that I have been supplied with which confirm my claim for ESA did not begin until after April 2018. It is stated in one document headed "ESA Classification History" that my "WCA Outcome Date" was the 20 June 2018, and that the end date for this is the 18 June 2019. Furthermore, a "review date" is given as being the 26 June 2021, with the reason being "Three-year Backstop Trigger", whatever this means. I was also claiming Jobseeker's Allowance until the 23 May 2018 as, again, my claim for ESA did not commence until around this time. Another document, entitled Jobseeker's Allowance Payment System (JSAPS) (ESA) Claim Input Details also confirms that my claim for ESA did not start until the 22 May 2018.

Obviously I do not want to have to prematurely undergo another health assessment, especially as my circumstances have remained unchanged since last year, so I would therefore appreciate any advice you might recommend on this matter.

Kind regards

Dear Gordon,

Thank you for your reply.

I have since clarified this with the DWP and have been told the following information:

Whilst I have received a letter asking me to return my questionnaire by the 5 April, there is presently no requirement for me to do so as there is a "marker/flag" placed upon my file stating that I am a vulnerable adult due to my condition (Autistic Spectrum Disorder). This means that non/late return would not affect me, or result in me losing my benefit.

With this in mind, I would appreciate some advice on what I should do, as the DWP have stated quite clearly to both myself and my key worker that me not returning the questionnaire for the 5th would have no effect on my benefit, as it stands. I am still happy to return it, but cannot guarantee that it will be ready by the 5th.

Regards

Gordon,

Thank you once again for your response.

I appreciate what you are saying - I have spoken with several people from the DWP and they have all confirmed that there is a marker on my claim. The DWP has also confirmed that Maximus should be aware of this fact also and that it is present within their records.

Should I decide to return the form back late, would you advise that I provide an explanation as to why this is? Obviously there is no obligation, according to them that I need to return it on time, but would you suggest I do so out of courtesy?

Regards