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Top Incapacity related benefits topic #3264

Subject: "ESA and special rules (terminal illness)" First topic | Last topic
SandraC
                              

Welfare Advisor, Palliative Care Social Work Team, Wisdom Hospice, Rochester, Kent
Member since
11th May 2007

ESA and special rules (terminal illness)
Thu 18-Sep-08 09:31 AM

Hi All
Does someone with terminal illness & claiming under special rules need to attend WCA?

Looking at DWP website for ESA & healthcare professionals it states that special rules cases will be fast-tracked to SUPPORT group and don't have to participate in a work-focused health related assessment WFRHA...ok, but it also states the WCA is in 3 parts... assessment limited capability..assess limited capability for work related & WFRHA....
....so do they have a WCA (the other 2 parts) or not?

(Sorry if it is obviously written elsewhere, but ESA has got me banging my head against a wall!)
Thanx in advance
Sandra

Any help greatly appreciated

  

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Replies to this topic
RE: ESA and special rules (terminal illness), nevip, 18th Sep 2008, #1
RE: ESA and special rules (terminal illness), ariadne2, 18th Sep 2008, #2
      RE: ESA and special rules (terminal illness), Steve Johnson, 26th Sep 2008, #3

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: ESA and special rules (terminal illness)
Thu 18-Sep-08 10:49 AM

Hi Sandra

No they don't. A person who is terminally ill is treated as having limited capability for work (reg 20(a) ESA Regs) and treated as having limited capability for work related activity (reg 35(1)(a)).

Regards
Paul

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: ESA and special rules (terminal illness)
Thu 18-Sep-08 06:37 PM

Bear in mind that the WCA, like the PCA, is the test of incapacity, not the process which determines whether that test is satisfied. Exactly as at present it is likely that a significant number of people will be found to fall into one or other of the benefit groups without needing to attend for examination, on the strength of the initial medical evidence.

  

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Steve Johnson
                              

Manager, Walthamstow CAB
Member since
24th Oct 2005

RE: ESA and special rules (terminal illness)
Fri 26-Sep-08 08:13 AM

Regarding the terminal illness route, all this stuff about terminal illness being picked up early in the claims process, will depend (it seems) on claimants making the running. My understanding is that officers answering the ESA telephone claim line will not raise the issue - rather, they will wait for the claimant to do it. This seems to be confirmed in the wording of the 'special rules check' sequence in the ESA training manual for Atos staff, which suggests that it is for claimants raise the issue. Lets hope the ESA claim form (promised by recent amending regs) will contain such a prompt.

Otherwise its going to be a case of phoning the ESA claim line and saying "Hello. I'm Steve, and I'm dying", or some such (assuming of course that I know).

Whilst we are on the subject of the training manual, here is a clip from page 36, concerning the LCW/LCWRA tests...

"...it is also essential that the practitioner maintains a positive focus and approach identifying the claimant’s capabilities rather than a more negative approach mainly identifying their restrictions...’ I'm no Rumpole, that that seems a bit leading to me.

Lastly, it would seem very clear that the assumption is that most people going through the WCA will have a physical examination (Although I imagine not for purely mental function cases). Thats a change from the present position, in my experience.

Have a good weekend all,

Steve

  

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