• Search
  1. Forum
  3. Members forums
  5. ESA, PIP and DLA Queries and Results
  7. Which Guide ?
× Members

Which Guide ?

More
10 years 9 months ago - 10 years 9 months ago #106564 by Eag
Which Guide ? was created by Eag
Hi All

New to the Forum but I'm a bit confused - having read your 3 ESA Guides - gets mind boggling (not your fault) !

We completed Form ESA50 3/11 on 24 October 2012.
My friend had ATOS medical 5 December 2012.
Outcome notified dated 9 January 2013 (placed in WRAG).

Your ESA Guides - Claims on Physical Health Grounds : A Guide to the WCA :
(Partial January 2013 Changes)
OR
(Pre-January 2013 Changes),

Which one do we refer to? Or does it not matter much as see from 28 July 2013 ALL Claimants will be treated the same under the new rules (changes). Please confirm

Your guidance on this will be appreciated as it's getting a bit much.

Regards to everyone finding their way thru this maze.
Last edit: 10 years 9 months ago by . Reason: Tick.

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

More
10 years 9 months ago #106571 by Gordon
Replied by Gordon on topic Which Guide ?

HangingInThere wrote: Hi All

New to the Forum but I'm a bit confused - having read your 3 ESA Guides - gets mind boggling (not your fault) !

We completed Form ESA50 3/11 on 24 October 2012.
My friend had ATOS medical 5 December 2012.
Outcome notified dated 9 January 2013 (placed in WRAG).

Your ESA Guides - Claims on Physical Health Grounds : A Guide to the WCA :
(Partial January 2013 Changes)
OR
(Pre-January 2013 Changes),

Which one do we refer to? Or does it not matter much as see from 28 July 2013 ALL Claimants will be treated the same under the new rules (changes). Please confirm

Your guidance on this will be appreciated as it's getting a bit much.

Regards to everyone finding their way thru this maze.


If your question is in regard to an appeal or reconsideration related to the 03/11 ESA50 and Decision on 9 January, then you should use the Pre-January 2013 Guides.

If it is in relation to a new ESA50, then if the form is dated 01/13 and has references to cancer treatment, then it is the New ESA50 Form guides.

If it is a new ESA50 and the form is dated 03/11 then it is the 'Old' ESA50 form, decision on or after 28 Jan 2013 guides.

I hope that makes sense.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Eag

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

More
10 years 9 months ago - 10 years 9 months ago #107053 by Eag
Replied by Eag on topic Which Guide ?
Thanks Gordon for you response. Based on info. I supplied, from your reply, we should refer to Benefits & Work Guide *Understanding Employment & Support Allowance (Pre-January Changes)?
Meaning the ESA50 3/11 my friend filled in, he's covered by the 'old regs'?
But, in spite of this, could the DM have made initial decision based on 'new regs' effective
28 Jan.2013?

Read somewhere (can't remember where as have read so much on all this), that, 'Any changes should be implemented for New Cases from day 1 (28 Jan.2013) that the regs came into force & that for Existing cases the changes are implemented on a case x case basis at their scheduled review point". Is this right?

Hope to hear from you soon - thanks again.
Last edit: 10 years 9 months ago by Gordon.

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

More
10 years 9 months ago #107054 by Gordon
Replied by Gordon on topic Which Guide ?

HangingInThere wrote: Thanks Gordon for you response. Based on info. I supplied, from your reply, we should refer to Benefits & Work Guide *Understanding Employment & Support Allowance (Pre-January Changes)?
Meaning the ESA50 3/11 my friend filled in, he's covered by the 'old regs'?
But, in spite of this, could the DM have made initial decision based on 'new regs' effective
28 Jan.2013?

Read somewhere (can't remember where as have read so much on all this), that, 'Any changes should be implemented for New Cases from day 1 (28 Jan.2013) that the regs came into force & that for Existing cases the changes are implemented on a case x case basis at their scheduled review point". Is this right?

Hope to hear from you soon - thanks again.


Unless I have missed something :) from your original post the your friend was notified of the Decision on their claim on 9 January 2013, so there would be no reason for the Decision to have been made using the changes that were made on 28 January 2013.

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

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

More
10 years 9 months ago - 10 years 9 months ago #107055 by Eag
Replied by Eag on topic Which Guide ?
Thank you - so we refer to the "Pre-January 2013 Changes). i.e old regs.
Last edit: 10 years 9 months ago by Gordon.

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

More
10 years 9 months ago #107056 by Gordon
Replied by Gordon on topic Which Guide ?

HangingInThere wrote: Thank you - so we refer to the "Pre-January 2013 Changes). i.e old regs.


If it is in relation to the Decision of 9 January, then yes, those are the guides to use.

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

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

Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris
  1. Forum
  3. Members forums
  5. ESA, PIP and DLA Queries and Results
  7. Which Guide ?
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.

Ok Decline
More about cookies