Hi
Can anyone advise?

My client is a young woman going through an intensive and long term course of chemotherapy which in my opinion should automatically qualify her to be deemed as having limited capability for work-related activity. However DWP are still insisting she has to complete the ESA50 form??

I have a detailed letter from the oncologist to confirm the cancer treatment. I am mystified as to why the ESA50 is still needed if she should automatically qualify for exemption.

All advice appreciated!

Thanks

Liz

Hi Liz

Unfortunately, receiving chemotherapy does not deem her as having limited capability for work under regulation 26 of the ESA Regs. Radiotherapy does. So unfortunately, she will have to complete the ESA50.

Regards
Paul

Hi Paul

Apologies but I am now more confused - my understanding was that if an individual was receiving intravenous chemotherapy or recovering from that treatment then they are exempt?

I may be misreading the CPAG Welfare benefits and tax credits handbook though (page 153)?

The ESA50 is difficult to complete as her condition varies hugely around when she receives her medication.

I agree with you - although if recovering from treatment by way of intravenous, intraperitoneal or intracathecal chemotherapy, a person can only be treated as having a limited capability for work if the Secretary of State is satisfied s/he should be treated as having a limited capability for work. Under regulation 21(3) of the ESA Regs, the client should not be required to provide a questionnaire, but I can see two difficulties -

<1> a lot of ESA50s are sent by Medical Services, who may not have any evidence of the nature of the client's health problems before issuing the form; or

<2> if recovering from such treatment, the Secretary of State may not think it is reasonable to treat the client as having a limited capability for work

(Brian)

Yes, you're right. I was only looking at regs 25 and 26. The relevant provision is in reg 20.