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TOPIC: New Descriptors in proposed ESA forms

New Descriptors in proposed ESA forms 8 years 7 months ago #39482

On looking at the addendums of the new harsher ESA test something isn’t quite clear to me:
Regarding section 2 and remaining at a workstation for periods of time either standing or sitting: amendments have been made showing the claimant is classed as being unable to do this if he/she cannot do so repeatedly within a reasonable timescale and, as I understand it, has to be able to do so safely. Issues like exhaustion and discomfort are taken into account.
However, the fifteen-point descriptor needed for entry to the support group merely states you have to be “unable to move from one seated position to another seated position adjacent to each other without physical assistance from another person”.

I ask for some clarification on this, if members are aware of any as in my case I receive the middle rate care component, as amongst other things, I do need help frequently and for the majority of the time throughout the day for getting in and out (especially out) of a chair.
This due to back and knee /hip problems that are well documented to the DWP.
Is it safe to assume that in moving from one chair to another you have to be able to carry out that action safely and repeatedly without the help of another person? Or are they talking about shuffling from one seat to another?
Also why is there no mention of discomfort in the first descriptor or do they assume if you need physical assistance that discomfort is present anyway?
It might seem a petty thing to dwell on but the devil is always in the detail and the wording, as we know.

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Re:New Descriptors in proposed ESA forms 8 years 7 months ago #39505

  • pete17971
micksville wrote:

On looking at the addendums of the new harsher ESA test something isn’t quite clear to me:
Regarding section 2 and remaining at a workstation for periods of time either standing or sitting: amendments have been made showing the claimant is classed as being unable to do this if he/she cannot do so repeatedly within a reasonable timescale and, as I understand it, has to be able to do so safely. Issues like exhaustion and discomfort are taken into account.
However, the fifteen-point descriptor needed for entry to the support group merely states you have to be “unable to move from one seated position to another seated position adjacent to each other without physical assistance from another person”.

I ask for some clarification on this, if members are aware of any as in my case I receive the middle rate care component, as amongst other things, I do need help frequently and for the majority of the time throughout the day for getting in and out (especially out) of a chair.
This due to back and knee /hip problems that are well documented to the DWP.
Is it safe to assume that in moving from one chair to another you have to be able to carry out that action safely and repeatedly without the help of another person? Or are they talking about shuffling from one seat to another?
Also why is there no mention of discomfort in the first descriptor or do they assume if you need physical assistance that discomfort is present anyway?
It might seem a petty thing to dwell on but the devil is always in the detail and the wording, as we know.



Hi,

I think the only real answer to some of your points is 'who knows'.

Until such time as/if the new regulations cause people to go to a tribunal then onto 2nd Tier Tribunals where in effect 'case law' (rather like former Commissioners Decisions) makes a determination on such matters and it filters down as to what exactly qualifies and what doesn't, we will be in a state of some flux on the new regs.

Pete

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