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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Med certs

Linda T
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Money advice & benefits - VIVID, Hampshire

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Total Posts: 5

Joined: 2 May 2012

I contacted the DWP yesterday about a client who had failed to provide med certs for 6 months plus and as a consequence his ESA stopped. I was advised by the contact centre that the DWP no longer send reminders as they have been told “from on high” (their words) that it is now considered to be the claimant’s responsibility, as they should know when their certificate runs out and it is up to them to provide med certs on a regular basis. Anyone else heard this? Any one had success in challenging it?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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As far as I know there is no requirement in the legislation for the DWP to remind, chase or obtain evidence of limited capability for work.

(2) The conditions are–
(a) that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations;

However,  there are the safeguarding issues so you may hope that it would be considered on a case by case basis so local practices may apply?

Helen Rogers
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Welfare rights officer - Stockport MBC

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Joined: 17 June 2010

I had someone from the DWP tell me years ago that they were no longer sending out reminders for sick notes.  Every client I’ve seen since then has been sent reminders.  It does make you wonder if they just make these things up sometimes.

Linda T
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Money advice & benefits - VIVID, Hampshire

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Total Posts: 5

Joined: 2 May 2012

Thanks both of you