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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

March ESA changes- better or worse

chris smith
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HB Help, Sussex

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As a new boy in this field I’d like to ask a beginners question.  Will the changes to the ESA tests in March make things better or worse?

WiltshireLaw
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Benefits Advisor, Wiltshire Law Centre

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worse

Matthew Finch
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Senior Welfare Rights Officer, Leicester City Council

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Much worse.

Unless you are in re-hab for drugs or alcohol addiction. At least you keep getting paid whilst undergoing the treatment.

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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...and includes gems such as:

Descriptor 8: ‘Navigation and maintaining safety, using a guide dog or other aid if normally used’

(a)  Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.15

(b)  Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to   sensory impairment.  15

(c)  Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.  9

(d)  None of the above apply. 0

This appears to be a WCA for the dog, not the person. How can one prove if the dog is really up to the task most of the time? Not all dogs are the same. Can’t wait for the case law and the home made video evidence!

Ariadne
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Social policy coordinator, CAB, Basingstoke

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What percentage of blind people have dogs?

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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17% in a random survey apparently!

Paul Treloar
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Head of Policy, LASA

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What is so very disappointing is how much the “revised” WCA is still based on outmoded notions of disability, rather than showing any understanding of the social model of disability, which acknowledges that no matter what any particular disabled person does, the barriers that wider society creates and continues are often the biggest barriers to overcome.

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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Yes, and looking at the new ESA descriptors plus, what appears to be on the way with PIP, it is difficult to see that any account has been taken of the personalisation/individual budget agenda.  DoH social care policy aims to put people at the centre of their support, while DWP bring in cuts that will undermine the whole approach, with regulations that will once again lead to reams of case law, generating the need for more advice. I think the management consultants call it failure led demand.

Mike-rob
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Senior support worker - Darlington CAB, Durham

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I’m assuming that the March 28 changes are happening : does anyone know of any DWP guidance

Tracey D
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Welfare benefits advisor - Peterborough City Council

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I found a link on DWP website in the policy section to the statutory instrument (number 228 of 2011) if you want to have a look at it.

Billy
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Welfare rights - Stockton-on-Tees Borough Council

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Hi re : Guide Dogs , is there any case law with ESA/WCA and use of guide dogs ?

Billy