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Top Incapacity related benefits topic #5206

Subject: "ESA and terminal illness " First topic | Last topic
ASH
                              

Welfare Officer, St Christopher's Hospice, South London
Member since
06th Jan 2005

ESA and terminal illness
Tue 08-Jun-10 02:19 PM

I'm just venting my frustration. At the end of several calls Makerfield tell me that although they agree my client made an ESA claim stating that it should be considered under the special rules and there is a DS1500 on file with his DLA claim he has to fill in an esa50 because they say so. Quoting the dmg was useless. In the end I've advised the claimant (who has a brain tumour) to fill in the personal details and sign it and send it back with a drs letter and no further filling in the hope this will get his benefit paid. A waste of everyone's time. Is there no end to this incompetence.

  

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pete c
                              

Welfare Rights Officer, Adult Social Care, Cornwall County Council, Truro
Member since
30th Oct 2008

RE: ESA and terminal illness
Wed 09-Jun-10 11:22 AM

I don't know if this is of any help but as I see it he is not obliged to fill in an ESA50 at all, the power to require this is in Reg 21 (1)(b) of the ESA Regs but para 3 of the same Reg disapplies it in the case of people who fall within Reg.20 (terminal illness etc). Perhaps a reminder of this reg directed to the local customer service manager might prevent anyonre else having the same hassle?

  

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