ESA Assesment rules - Pregnancy - Advice Please?

Hi All - Sorry this is a bit of a novel but I appreciate your time in advance!

I have been looking at the rules regarding exemption on ground of pregnancy related issues but am very confused I was wondering if anyone had any experience of this and is able to clarify?

The backstory is that I have been signed off with post natal depression and have run out of sick pay and now recently gone onto ESA. I am in the assessment phase and have just received my medical questionnaire. Based on what I can find online it doesn't look like I have a hope in hell of passing (as I can put my arm in the air, and set an alarm clock). I am currently undergoing therapy and have uncontrollable sessions of laughing and/or crying and panic attacks which make it impossible to go back to my job at the moment (I am an accountant). I am hopeful that I am making progress as I am a lot better then I was at my worst 6 months ago but I am still not quite ready to go back to work. My employer, doctor and Atos agree (my employer used them 1 month ago to assess me!)

I found out last month that I was pregnant - (please no negative comments - it was not planned and I was unaware as my monthly cycles were still regular sorry tmi!) I was too late to terminate and so am proceeding with the pregnancy and baby is due early October.

Now my question is that in the exemptions it states that I will be exempt from the medical if 'within the maternity allowance period and entitled to maternity allowance'. I will be entitled to Maternity allowance from around the second week in July so surely I will at that point be exempt.

The Medical questionnaire I have has to submitted back to Atos by the end of June so should I send it with a letter explaining that I will be claiming maternity allowance from July? Or should I wait to see if an appointment comes through before July and then if it does then contact them to let them know I should be exempt?

I don't really want to fail the medical and have to appeal and stay on the assessment rate when if I could drag out the process for another couple of weeks be entitled to a higher amount.

Any advice would be very much appreciated

Your request for advice is beyond the remit of moderators, we cannot give advice on individual claims
which in essence is what you are seeking.

However, another moderator may see your request in a different light and be able to offer advice to your particular circumstances.

Hi TS,

Just to clarify it would be page 12 onwards, of this guide :

" Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment.
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds."

Under this heading :

"New ESA50 form"

On this page :

ESA Claims Guides

With regards to "Serious Risk" and entry to The SG, this is covered under ESA Regulation 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

bro58