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

UC50/ESA50 cancer and GP contract

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Hello all,

Client has bowel cancer and no other conditions, has just finished chemo/radio and still has significant side-effects,  so UC50 only needed completing as far as the do you have cancer/having or recovering from treatment question and signing, then straight to back page for medical professional to complete.

The GP has done this but has charged £25 for doing so, saying they don’t get paid from the Government to do this form.

Does anyone know if it is chargeable or is it work that should be done as part of GP contract?

It has been raised with Macmillan and also our local cancer lead. Have we just been lucky with goodwill before?
Thanks in advance
Julie and Julie

Daphne
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In the DWP Medical (factual) reports: A guide to completion it says at 3.1.1 -

There is a contractual obligation for any GP who has issued a Med3 (fit note) to provide medical reports in relation to Universal Credit or Employment and Support Allowance on an ESA113 or FRR2. This should be done free of charge as covered by the contractual arrangements between GPs and the relevant Primary Care Trust.

I guess because the UC50 form isn’t specified then maybe they can charge? But it seems very mean and others may know different…

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Thanks for that Daphne.  It’s very mean spirited when it takes up a third of the week’s money. We must have just been lucky in the past with the GPs who have completed it free of charge.
I wonder if the guidance predates the amended ESA50/UC50 cancer question? Or it just slipped them by?

Daphne
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Difficult to know - I’ll send an enquiry up via the stakeholder forum and see if anything can be done…

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Thanks again Daphne.

Brian Fletcher
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Welfare Rights, Wigan & Leigh Carers Centre, Wigan

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juliem - 12 August 2019 09:56 AM

Hello all,

Client has bowel cancer and no other conditions, has just finished chemo/radio and still has significant side-effects,  so UC50 only needed completing as far as the do you have cancer/having or recovering from treatment question and signing, then straight to back page for medical professional to complete.

The GP has done this but has charged £25 for doing so, saying they don’t get paid from the Government to do this form.

Does anyone know if it is chargeable or is it work that should be done as part of GP contract?

It has been raised with Macmillan and also our local cancer lead. Have we just been lucky with goodwill before?
Thanks in advance
Julie and Julie

I spent a couple of years providing welfare rights advice for Macmillan as an outreach before they got their own advisor. I would have them signed at the hospital by the CNS, or the clinical lead if the actual person was no longer there. Never had any issues with the hospital staff at all, and they were always happy to help.

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Brian Fletcher - 12 August 2019 02:35 PM
juliem - 12 August 2019 09:56 AM

Hello all,

Client has bowel cancer and no other conditions, has just finished chemo/radio and still has significant side-effects,  so UC50 only needed completing as far as the do you have cancer/having or recovering from treatment question and signing, then straight to back page for medical professional to complete.

The GP has done this but has charged £25 for doing so, saying they don’t get paid from the Government to do this form.

Does anyone know if it is chargeable or is it work that should be done as part of GP contract?

It has been raised with Macmillan and also our local cancer lead. Have we just been lucky with goodwill before?
Thanks in advance
Julie and Julie

I spent a couple of years providing welfare rights advice for Macmillan as an outreach before they got their own advisor. I would have them signed at the hospital by the CNS, or the clinical lead if the actual person was no longer there. Never had any issues with the hospital staff at all, and they were always happy to help.

Hello,
We are not based in a medical setting but usually advise to get the CNS to complete the statement, only considering GPs if there is not a clinic appointment for some time. Some GPs have always been fine and some are last resort, but even they haven’t charged before. The client took this one to the GPs off their own bat (and the Jobcentre reported to us that the charge had been made), so this is an unusual one.
Julie

Va1der
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Welfare Rights Officer with SWAMP Glasgow

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Aside from the legislative side of it, many of these problems can be solved by approaching the GP service in question, and request that they waive the charge. GPs and their supporting staff are as busy as any of us, and may not consider the weight of these issues unless they are highlighted to them.

Another common issue with medical professionals is when Atos/Capita sends them requests for evidence towards a WCA or PIP assessment, and with no guidance the GP writes a few lines, to no help for the claimant, and claims £36 from the government contract.
GPs could certainly go further in their work on this end, but most of them don’t have a clue where to begin, as PIP descriptors aren’t part of a medical degree.

BCD
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Hi Julie and Julie

I just wondered if you ever got to the bottom of whether completing the cancer page on the ESA/UC50 was included in the GP contract? Also, if it is, whether they are legally allowed to charge a patient for completing it?

I found this https://www.gov.uk/government/publications/dwp-factual-medical-reports-guidance-for-healthcare-professionals/dwp-forms which says that it is chargeable to DWP “but rarely charged for” (so rare that it seems to be the only form without a fee figure listed).

I have come across a guy who has cancer surgery next week and literally had to give his last £30 to his GP surgery (cash payments accepted only) to get his UC50 back with the cancer section completed.

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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You could try leaving the cancer section uncompleted but add a note to say that you have made a subjec access request to your GP in order to corroborate what you say.

You could then make the SAR and get all the relevant notes

I know this could perhaps delay things but it might make the GP think twice about being so picky because there must be more work involved in complying with an SAR than there is in completing the UC50 page.

The GP cannot legally charge for providing the SAR data

I dont bother asking for letters from GP’s anymore as I got fed up with arguing over charges I just get the client’s consent for the SAR or get the client to make the request and pass the notes on to me

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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BCD - 30 March 2023 02:20 PM

Hi Julie and Julie

I just wondered if you ever got to the bottom of whether completing the cancer page on the ESA/UC50 was included in the GP contract? Also, if it is, whether they are legally allowed to charge a patient for completing it?

I found this https://www.gov.uk/government/publications/dwp-factual-medical-reports-guidance-for-healthcare-professionals/dwp-forms which says that it is chargeable to DWP “but rarely charged for” (so rare that it seems to be the only form without a fee figure listed).

I have come across a guy who has cancer surgery next week and literally had to give his last £30 to his GP surgery (cash payments accepted only) to get his UC50 back with the cancer section completed.

Hello BCD,
It never occurred again, and so I never pursued it further. That is disgusting that a GP has charged the client their last £30 for it - I hope they can change GP before too long.
Julie (there are still two of us but the other never posts on here)

BCD
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