Forum Home → Discussion → Work capability issues and ESA → Thread
medical certificates for a new ESA claim
Hello all
There seems to be a general policy of DWP wanting a new medical certificate after 3 months of a new claim even where the GP has signed one for a longer period. Is anyone able to point me to the basis for this?
Tony
There was guidance a while back that they wouldn’t accept a med 3 for longer than 3 months; I’d expect that this is an extension of the same.
Another example of DWP making it up as they go along.
See page 11:
Not sure what the legal basis behind the guidance is though.
Para 12 of Part 1, Schedule 1 to the Social Security (Medical Evidence) Regulations 1976
Thanks both
As you say Dan, making it up as they go!
The particular case I am dealing with has just been resolved in that I have just had a call back from the Benefit Centre to say that they have some discretion depending on the nature of the health condition/disability to vary it and they would allow this med cert to cover the full 6 months the GP had issued it for. The person phoning me didn’t really seem to know what the guidance was and I didn’t press her as she was being quite helpful.
The GP in this case was obviously not following their guidance. I had a copy of the GP fit note guidance on my desk but I’d never noticed that bit before mickd123(?)!.
The policy is just another way of creating barriers to people claiming as some people are reluctant to bother their GP, particularly if they were at all difficult when providing the note in the first place. It is also daft if people have to go back to GP for further med certs when it is obvious their condition is not going to change. The person I was dealing with today has autism and a severe learning disability.
Tony
Soviet leader
There is no mention there of limiting cover to 3 months intially, just a maximum of 6 months.
Tony
My copy is -
The period specified shall begin on the date of the assessment on which the doctor’s statement is based and shall not exceed 3 months unless the patient has, on the advice of a doctor, refrained from work for at least 6 months immediately preceding that date
If it has been amended, apologies, but I can see why a medical certificate on a new claim could be seen as being effective only for 3 months
My apologies sovietleader - I have been looking at the original regulations thinking they were up to date.
Thanks for pojnting it out so gently!
Tony
No problem Tony, just glad I’m reading an up to date version of something!!