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Which Guide ?
- Eag
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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.
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- Gordon
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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
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- Eag
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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.
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- Gordon
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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
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- Eag
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- Gordon
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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
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