ESA, ESA50 and chemotherapy

Hi all

Sorry if this seems a daft question…..............my client has received an ESA50 but is undergoing both radiotherapy and chemotherapy (by IV) for throat cancer…......does the client have to complete the form as we understood they should be deemed as having Limited Capability for Work?

BDC says yes they do but we can’t see the point if client will be automatically exempt from WCA?

All advice appreciated.

There is no such thing as “exemption” as there was with IB - all claimants are subject to the WCA, but the ESA50 can be used to gather evidence that she should be in the support group. It doesn’t necessarily mean that she will be called up for an assessment.

A colleague had a similar query and just sent the ESA50 back with written evidence from oncology dept confirming IV chemo and how long recovery was expected to take. Job done

Claimants automatically qualify as having limited capability for work related activity if they are receiving or recovering from IV chemotherapy .Regs 2 and 35 ESA regs