Misleading ESA assessment leads to NHS penalty

Client takes ESA letter to dentist - you’re on IRESA says the dentist, no need to pay fees.

NHS letter follows some weeks later - fees wanted, plus £100 penalty.

The ESA letter in question would confuse Einstein. It does an ‘income related’ assessment for a single person, ending with the ambiguous statement that income and ‘‘living costs’ are the same.

But the claimants in question are a couple. There is no couple rate, no premiums relating to the partner (who is a carer), no assessment of partner’s income.

To my eyes, after first holding the letter up to the light and swearing at it, it’s CESA-only. It sort-of says that, but only in very, very ambiguous language.

Proper ESA breakdown requested, and an appeal to the NHS.

This is getting silly. ESA letters need re-wording, they bamboozle the claimant and lead NHS professionals astray, and the claimant takes the hit.

I have, somewhere, the email address for the NHS equalities team at Quarry House (I didn’t know NHS were based there too). I planned, once upon a time, to launch an EQA action against them but that’s not going to happen now unfortunately. However if you want a well placed and constructive rant inbox me and I’ll pass it along.

Also, there’s a get out clause if you read the regs the NHSBSA penalty charge letters cite. I’ve successfully argued the charges shouldn’t apply where the letters have been wrong or confusing before now.