Reg 35(2)(b) ESA Regs

Are the People at Atos healthcare blissfully unaware of this provision.

We have a client who lives in a care home for people who have mental ilness, he is unable to live independantly in the community due to his illness.

He receives IS with IB credits.

He was sent an ESA50 to complete a few eeks ago.

We helped him to complete the form and simultaneously obtained evidence from his consultant psychiatrist that there would be a substantial risk to his mental health if he were found not to have limited capability for work related activity.

We returned the form with this evidence and highlighted in great big letters that reg 35(2)(b) applies to our client.

Guess what, they now require him to attend a medical examination.

He is unable to travel to the examination centre on his own, he would not even be able to find it, even with directions.
A support worker from social services has agreed to take him.

This is a total waste of time and money to the State in such times of austerity.

There is no mechanism to contact a Decision Maker directly.

For IB Re-Assessment this looks as if it should have been decided by a paper scrutiny for claimants with severe or debilitating conditions.  This was referred to in the pilot schemes.  It avoided any need to travel to a face to face WCA.  Maybe it has carried over into the national programme.  I’d simply give them a call to explain the situation.

Shaun

Hi Shaun,

I did call them, but they said the file is with Atos and they can comment