Confused as to what applies to me

Well i got my phone call from them a while ago and knew my ESA50 was on it's way and today it hit the mat.

So over the last week or so i have been doing a load of reading on various forums and come across some great pages and info for example this one here
kittysjones.wordpress.com/2013/04/21/1560

Now point 2 is very interesting and it's what is of interest to me (and maybe others)

Regulations 25 and 31 for Universal Credit and Regulations 29 and 35 for current and ongoing ESA claims and Contribution-based ESA

it would seem there are 4 regulations here that might be of some interest but stupid as it may sound I'm unsure what applies to me, it's talking about universal credit and to be honest I'm unsure if this is what they are moving me over too, or am i in the other group

However, the old Regulations 29 and 35 still apply to ongoing cases that are not yet affected by Universal Credit, and will remain in place indefinitely for all Contribution-based ESA

How can i find out what applies to me without me giving them (ATOS/DWP) some kind of hint what i'm thinking?

If the links stays in my suggestion to other members is have a read it's worth while.

Bobajob wrote: Well i got my phone call from them a while ago and knew my ESA50 was on it's way and today it hit the mat.

So over the last week or so i have been doing a load of reading on various forums and come across some great pages and info for example this one here
kittysjones.wordpress.com/2013/04/21/1560

Now point 2 is very interesting and it's what is of interest to me (and maybe others)

Regulations 25 and 31 for Universal Credit and Regulations 29 and 35 for current and ongoing ESA claims and Contribution-based ESA

it would seem there are 4 regulations here that might be of some interest but stupid as it may sound I'm unsure what applies to me, it's talking about universal credit and to be honest I'm unsure if this is what they are moving me over too, or am i in the other group

However, the old Regulations 29 and 35 still apply to ongoing cases that are not yet affected by Universal Credit, and will remain in place indefinitely for all Contribution-based ESA

How can i find out what applies to me without me giving them (ATOS/DWP) some kind of hint what i'm thinking?

If the links stays in my suggestion to other members is have a read it's worth while.

Simple answer Baj,

ESA Regs 29 & 35 would be pertinent to you, not ESA Regs 25 & 31.

This issue has been queried before, please see our previous response :

Here

bro58

Hi Baj,

On the premise that it will be the "new" ESA50 01/2013 that you receive, here are the applicable ESA Regs 29 & 35, Plus 28/01/2013 Amendments :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 Amendment of :

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant’s workplace;

or

(b)the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

&

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