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

Customer in assessment phase - WF interview?

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FIT Advisor
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benefit advice officer, three rivers housing association, co durham

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Update, my customer who had waited over 52 weeks, went back to work only to have to reclaim ESA after 3 days has been warned he may have to wait another 4 months for WCA. How can they possibly make a decision on capacity as it would have been earlier and at what point there was as improvement. Situation is really shocking and unacceptable. My customer has provided a lot of evidence in terms of how the condition has been managed over this period but he will have to continue to claim to enable a decision to be made, hopefully in his favour and arrears of ESA to be secured.

[ Edited: 15 Aug 2014 at 12:23 pm by FIT Advisor ]
Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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I can’t help but think that there’s more than an elemant of Wednesbury irrationality arising out of the scheme as it’s currently operating.

It might be time for a word with a law centre.

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Totally agree with DManville in that the DWP can go on indefinitely without offering clients medicals as per Reg 5 ESA Regs 2013 (No 379). Could it be argued that the secondary legislation in the form of the ESA Regs are now not compatible with the primary legislation being the Equality Act!

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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J.Mckendrick - 15 August 2014 10:25 AM

Totally agree with DManville in that the DWP can go on indefinitely without offering clients medicals as per Reg 5 ESA Regs 2013 (No 379). Could it be argued that the secondary legislation in the form of the ESA Regs are now not compatible with the primary legislation being the Equality Act!

Equality Act doesn’t really operate that way and I could think of least 2 ways that the PSED argument could be struck down after all they treat EVERYBODY just as badly.

There could be administrative grounds or Wednesbury Grounds arising; we shall have to wait and see what comes!