Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Over 80,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC:

ESA from 28 Jan 2013 7 years 6 months ago #97683

It is still not very clear in the changes coming into effect at the end of January.

Who the changes apply to
3 The changes apply to

1. claims for ESA made on or after 28.1.13, whether or not the claim is for a period
before that date

2. claims for ESA made before 28.1.13 where LCW and/or LCWRA is determined
on or after 28.1.13 (see paragraph 4)

3. claimants already entitled to ESA where LCW and/or LCWRA is determined
afresh on or after 28.1.13

4. claimants entitled to an existing award (see DMG 45204) who are notified that
the conversion phase has begun where LCW and LCWRA is determined on or
after 28.1.13.


They seem to have covered all of there basis?

This concerns me as I am due to receive my ESA50 any day now and I know that I will be found either LCW and/or LCWRA ?!

Please Log in or Create an account to join the conversation.

ESA from 28 Jan 2013 7 years 6 months ago #97689

  • Gordon
  • Away
  • Posts: 48120

MSCarer wrote: It is still not very clear in the changes coming into effect at the end of January.

Who the changes apply to
3 The changes apply to

1. claims for ESA made on or after 28.1.13, whether or not the claim is for a period
before that date

2. claims for ESA made before 28.1.13 where LCW and/or LCWRA is determined
on or after 28.1.13 (see paragraph 4)

3. claimants already entitled to ESA where LCW and/or LCWRA is determined
afresh on or after 28.1.13

4. claimants entitled to an existing award (see DMG 45204) who are notified that
the conversion phase has begun where LCW and LCWRA is determined on or
after 28.1.13.


They seem to have covered all of there basis?

This concerns me as I am due to receive my ESA50 any day now and I know that I will be found either LCW and/or LCWRA ?!


If you are going to quote these then you need to include paragraph 20 as well

20 Where a questionnaire which related to the LCW and LCWRA activities and descriptors as in force before 28.1.13 was issued to the claimant, paragraph 19 and the amended activities and descriptors in Annexes A and B do not apply for the purpose of assessment of LCW and LCWRA. The DM should assess LCW and LCWRA applying the former Schedules. :)

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA from 28 Jan 2013 7 years 6 months ago #97694

Yes - I have reached par 20 now (Transitional Provisions). In which case it is important that I get the "questionnaire" before 28 Jan 2013. As it does specifically mention the "questionnaire" - which I assume is the ESA50.

I wonder if ATOS will be holding back questionnaires to go out AFTER 28 Jan?!

Please Log in or Create an account to join the conversation.

ESA from 28 Jan 2013 7 years 6 months ago #97696

  • Gordon
  • Away
  • Posts: 48120

MSCarer wrote: Yes - I have reached par 20 now (Transitional Provisions). In which case it is important that I get the "questionnaire" before 28 Jan 2013. As it does specifically mention the "questionnaire" - which I assume is the ESA50.

I wonder if ATOS will be holding back questionnaires to go out AFTER 28 Jan?!


They are so far behind with the assessments, that I doubt it.

Gordo

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA from 28 Jan 2013 7 years 6 months ago #97702

Ok - so I will work on the assumption that the new guidelines will apply to me! Also I think this is related so rather than start another post:

Having looked at the changes coming into effect from 28 Jan I noticed some http links to things such as DMG 42445 etc, upon further investigation I found the following online - of which I am sure you are all aware of:

Chapter 41 - ESA conditions of entitlement
Chapter 42 - Limited Capability for Work and Limited Capability for Work-Related Activity
( www.dwp.gov.uk/docs/dmgch42.pdf )

I was just wondering if these are the most relevant chapters regarding ESA (as well as the references on this site of course).

Thank you

Please Log in or Create an account to join the conversation.

Last edit: by Gordon.

ESA from 28 Jan 2013 7 years 6 months ago #97708

  • Gordon
  • Away
  • Posts: 48120

MSCarer wrote: Ok - so I will work on the assumption that the new guidelines will apply to me! Also I think this is related so rather than start another post:

Having looked at the changes coming into effect from 28 Jan I noticed some http links to things such as DMG 42445 etc, upon further investigation I found the following online - of which I am sure you are all aware of:

Chapter 41 - ESA conditions of entitlement
Chapter 42 - Limited Capability for Work and Limited Capability for Work-Related Activity
( www.dwp.gov.uk/docs/dmgch42.pdf )

I was just wondering if these are the most relevant chapters regarding ESA (as well as the references on this site of course).

Thank you


The documents that you have found are part of the DWP Decision Makers Guide, which Decision Makers use to interpret, in this case, the ESA Regulations, there are also chapter for JSA, IS and DLA, amongst others.

The DMG tends to lag behind changes, so if you look at the releveant page, you will also see a number of memos that amend it's contents, the document detailing the 28/01/12 changes is one of these. So, there will be no further detail in chapters 41 and 42 in relation to these changes at the moment, but at some time in the future, they will be updated.

Gordon
The following user(s) said Thank You: MariW , MSCarer

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: GordonGaryBIS