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

WCA with no ESA50

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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My client is adamant she did not receive an ESA50.  The first she heard was12 weeks into the assessment phase, when she got a phone call saying she had to attend a WCA.  She scored 0 points.  Is the IB50 mandatory and is the decision void without it, or can the assessment be valid without it, despite the fact that the cannot have considered exemption etc?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Two many benefits.

ESA or IB?

ESA50 or IB50?

WCA or PCA?

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Total Posts: 46

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Sorry, ESA50 and WCA.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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ESA50: It is compulsory to return it if sent. If it’s not returned ESA may stop.

However, the SoS ‘may’ (or may not) send one.

There’s no exemptions but one can be treated as having LCfW.

There’s a helpful guide below.

http://www.newcastle.gov.uk/core.nsf/a/wr_esawca

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Welfare Benefits Worker, Hambleton CAB, N Yorks

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Total Posts: 46

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Thanks, John, I was aware that you can be treated as having LCW but how can they decide that if no ESA50 has been issued?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Presumably from the ESA85?

Or other evidence you could get hold of and send in..

http://www.legislation.gov.uk/uksi/2008/794/regulation/20/made