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

ESA Severe Conditions Guidance

neilbateman
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What have peoples’ experiences been of the new ESA Severe Conditions Guidance (SCG) which effectively exempts people from further WCAs? 

DWP say they have not had any feedback from charities about it.

Have you found the SCG being applied?  It’s difficult to know without a phone call to DWP as DWP don’t refer to it in the decision notices and I suspect most people don’t ask.

Has anyone tried challenging when it has not been applied when it should have been?  I have tried using the DWP complaints procedure, (as it is not appealable), and DWP have not regarded these as complaints.  Judicial Review looks like an option in a suitable case.

CHDA’s reasoning about why the SCG does not apply in the cases is almost perverse, but then what’s new?

I’d be interested in peoples’ experiences.

Andrew Dutton
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I suspect there is no feedback as you have to force DWP to tell you if the policy has been applied.

I had one case in which I would describe their attitude as cocky and insolent - I’d sum it up as ‘we don’t have to apply this policy and we don’t have to tell you anything and there’s nothing you can do about it anyway’

I’m pursuing one case now in which I have been told (in a much more reasonable tone) that Severe Conditions Criteria are considered in every WCA decision made, but that there is no mandatory requirement to note that the SCC has been considered and not applied. So they don’t.

It strikes me that a change in the law is needed, or the whole thing is an empty gesture.

Dan_Manville
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Andrew Dutton - 16 November 2018 03:24 PM

the whole thing is an empty gesture.

More so with no right of appeal

Rosie W
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See attached decision notice received fairly recently - I think the final sentence on that page means they’ve applied the guidance?

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neilbateman
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It would appear so, but still wise to check?

Rosie W
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neilbateman - 20 November 2018 12:06 PM

It would appear so, but still wise to check?

Yes absolutely - I posted it because it seems most of the time it’s not referred to in the decision notice at all so I’m hoping this is an example of when it is.

neilbateman
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Also, whether it is applied or not applied, one is not told why.  All highly unsatisfactory.

Ken Butler
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Hi,

We’ve been invited to attend a DWP meeting on the 1 December that includes items on -
- how the severe conditions guidance has worked since it was launched;
- circumstances where disabled people have been told they haven’t met the criteria but should have.

If anyone wants to contact me with problem examples of either or both or other points I will try to raise them at the meeting.

.(JavaScript must be enabled to view this email address)

 

neilbateman
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I was given some figures by a DWP official this week which show that in the East of England East Midlands, less than 4% of people awarded ESA with the Support Component have had the Severe Conditions Guidance applied since it came into force.

I don’t know what percentage DWP were expecting to qualify, but this seems to be a remarkably small percentage.