ESA: Care needs in demonstrating limitations

Is the amount and type of care a claimant requires throughout a day taken into account when applying for ESA? I appreciate that ESA is not DLA/PIP but a claimant’s care requirement is surely one means of demonstrating physical and/or psychological limitations.

No, care needs are not considered within the ESA assessment unless they can be linked to the specific descriptors.

In writing of draft answers I have tried to demonstrate how 24/7 care requirements gel with physicall limitations that meet the LCWRA descriptors. No good...?

MariW wrote: Is the amount and type of care a claimant requires throughout a day taken into account when applying for ESA? I appreciate that ESA is not DLA/PIP but a claimant’s care requirement is surely one means of demonstrating physical and/or psychological limitations.

Hi MW,

As you know, DLA is awarded for care needs and/or mobility limitations.

ESA is awarded due to having Limited Capability for Work (LCW) and/or Limited Capability for Work Related Activity. (LCWRA)

A high level of care needs could be used to indicate that a claimant also has a high level of limitations with respect to The ESA WCA.

However, it would be important to tie the care needs to the limitations and the relevant ESA descriptors.

It would not be enough to simply state that, e.g. as one is in receipt of HR Care that they then automatically have LCW and/or LCWRA.

If that was the case all HR Care DLA recipients would be exempt from the ESA WCA, which is not the case.

bro58

Thanks, bro588,
I am only making reference to care needs where there is an obvious relationship to extreme incapacity to perform an activity or task. I don’t want too much clutter. Like Radika, I am repeating much of the same information from question to question in relation to the different LCWRA descriptors.

Hi MariW,

I think I know where you are coming from.

In my friends ESA I have stated that although she mobilises with a crutch, however, there are days due to her Fabro where she cannot grip her crutch and it would be unsafe to use it, so she has to rely on someone else to hold onto as she has severe CRPS in her knees.

Hope this helps.

Radhika