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ESA and new descriptors
does anyone know off hand what happens when a client claims under the old set of descriptors but is then sent for another medical under the new list.
for example if a client claimed originally and got 15 points for bending and kneeling only and was then sent for another medical would they retain the right to be assessed under the criteria when they claimed or the new criteria.
They will be assessed under the new criteria irrespective of any previous medicals
thanks for that. its just as well all bending and kneeling problems have now been cured.
Extract from Work Capability Assessment Review 2009 -
“Bending and Kneeling
This activity represents an unnecessary requirement for the workplace. This is highlighted by the fact that wheelchair users who may be capable of work, may also be unable to bend or kneel. Changes to the two activities above mean that Bending or Kneeling is redundant as an activity. The removal of this activity is also in line with active encouragement in the workplace not to bend forward when lifting for health and safety reasons.”
So there you go, no need to bend at work any more
This is highlighted by the fact that wheelchair users who may be capable of work, may also be unable to bend or kneel.
thats my favourite bit. thats a great leap of logic.
Surely someone who cannot bend or kneel, even if they find a job that they can do, still has ‘limited capability for work’ - that is, a capability of working that is obviously limited (in a substantial way) by the fact that they cannot bend or kneel. This just highlights the problem with terms such as ‘limited capability for work’ being used in relation to ESA.
does anyone know off hand what happens when a client claims under the old set of descriptors but is then sent for another medical under the new list.
My understanding is that client must go through new WCA unless claim was already underway by ESA50 limited capability for work questionnaire at date of change: 28 March 2011. - ESA (Limited Capability for Work and Limited Capability for Work-Related Activity) Amendment Regulations 2011.
does anyone know off hand what happens when a client claims under the old set of descriptors but is then sent for another medical under the new list.
My understanding is that client must go through new WCA unless claim was already underway by ESA50 limited capability for work questionnaire at date of change: 28 March 2011. - ESA (Limited Capability for Work and Limited Capability for Work-Related Activity) Amendment Regulations 2011.
Yes - we were told it depends which ESA50 they were sent. Old one - have to be assessed under old descriptors; new one - assessed under new. I think they started sending the revised ESA50s out from 14 March. Before the new descriptors actually became law.
The explanatory note at the end of the amendment regulations confirms this point :
Regulation 2 sets out who the Regulations apply to. It provides that they apply to all persons who claim Employment and Support Allowance on or after the date these Regulations come into force. The Regulations also apply to persons who claim before that date, and persons who have been notified under the re-assessment process (under which those on incapacity benefit, severe disablement allowance or income support on grounds of incapacity are assessed to determine whether they are entitled to Employment and Support Allowance), who have their capability for work or work-related activity determined (including a determination as to whether they are to be treated as capable for work or work-related activity) on or after that date. Finally, the Regulations apply to persons who are re-assessed on or after that date. However, these Regulations do not apply to a person who was sent a questionnaire (as to their capability for work or for work-related activity) before the date on which these Regulations come into force and in respect of whom a determination is made as to that person’s capability for work after that date. Instead the determination will be based on the un-amended provisions. This is subject to a six month limit after which all assessments will be made under the amended provisions (regulation 2(5)). A determination made after the date these Regulations come into force as to whether a person is to be treated as being capable for work is subject to the provisions of these Regulations irrespective of when that person was sent the questionnaire.