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Reg 30, significant worsening and form ESA83

9 September 2015, 01:21 pm

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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This follows on from previous threads on the amended Reg 30.

We raised at local DWP stakeholders meeting the issue of how in practice a claimant who has been ‘found fit’ and is now receiving JSA (or IS) would in practice demonstrate ‘significant worsening’ and be ‘re-awarded’ ESA.

DWP have now given a partial response which includes:

Can discuss worsening with Work Coach who can do an unspecified something to get the issue before an ESA DM.

Claimant can make a clerical claim for ESA so a new WCA process can begin and worsening can be put before a DM.

DWP will issue form ESA83 (attached) to seek more info - although its not clear what would actually prompt issue of this form particularly if the claimant isn’t on ESA (and see if you can spot the phrase ‘significant worsening’ in the form!).

So those will be a nice simple and clear administrative process for claimants and advisers (and DWP staff) to understand / impliment then .........

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ESA_83.doc (File Size: 78KB - Downloads: 1176)

9 September 2015, 01:52 pm #1

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Tucked away on Page 3 “We can only pay you ESA if you have a new condition or if your condition has significantly worsened”.
Do I win a prize?

[ Edited: 9 Sep 2015 at 06:06 pm by BC Welfare Rights ]

10 September 2015, 09:12 am #2

Benny Fitzpatrick
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Welfare Rights Officer, Southway Housing Trust, Manchester

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“Can discuss worsening with Work Coach who can do an unspecified something to get the issue before an ESA DM.”

In theory (and in Regs), Work Coach can make phonecall to DM to get re-assessment process in motion. In practice, Work Coach tells client that he/she doesn’t have authority to make referral, and either advises claimant to contact advice agency or actually rings advice agency and makes formal referral for advice agency to do JCP’s job!

When questioned by adviser, Work Coach:
a) denies all knowledge of Reg 30 and maintains no authority to look at re-assessment.
b) “off the record” claims that he/she has been told by managers that disciplinary action will be taken against Work Coaches who refer claimants for re-assessment.

Business as usual at JCP!!! “Internal Guidance”-always unwritten, supersedes Regulations.

11 September 2015, 01:07 pm #3

JoW
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Financial inclusion manager - Wythenshawe Community Housing

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I have never seen this form before. Is it a new? Is it always sent out? I’m surprised as I have helped many people try to claim with a significant deterioration and would have expected them to ring me for help with this form if they had been sent it.

Also anyone know if it also gets sent out when someone is in the WRAG and asks to be moved into SG following deterioration?

Thanks

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