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

Consent to Notify GP of outcome of Work Capability Assessment

Darren
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Advice on Prescription Team - Citizens Advice Liverpool

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A relatively recent change to UC50 and ESA50 is that there is now a section asking for consent to informing a claimant’s GP of the outcome of a work capability assessment.  I have been advising that the client does not need to give this consent - and had negative experience in the past of the DWP writing to a GP telling them to no longer complete fit notes which has caused problems while they have been trying to challenge a work capability decision.

I rang Jobcentre Plus helpline today to chase up a claim for a client in relation to delays in payment.  The client had also told me that the DWP had been trying to get in touch with her, they said, urgently.  I had thought it was something to do with the payment but apparently not.  The call centre adviser said that they were trying to contact her to encourage her to change her answer to the question and to give consent to their writing to her GP.  I was told this was because if she didn’t, her record would be moved onto a “Clerical” record and there could be “Difficulties further down the line”.  When I sought clarification as to what this meant, they would not tell me and said they needed to speak to the claimant direct.

Does anyone know anything about this?

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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And yet the form itself clearly states
“You do not have to give your agreement, if you do not agree it will not affect your claim for Universal Credit.”

Darren - 04 May 2021 05:17 PM

...had negative experience in the past of the DWP writing to a GP telling them to no longer complete fit notes which has caused problems while they have been trying to challenge a work capability decision.

Claimants who are employed continue to need Fit Notes to give to their employer and having DWP tell GPs they don’t need to do them isn’t helpful.

See also this thread
https://www.rightsnet.org.uk/forums/viewthread/17218/

[ Edited: 4 May 2021 at 10:28 pm by Ianb ]
HarlowAC
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Harlow Advice Centre

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BTW, I did an online NSESA claim with a client yesterday and the consent thing is on there too.

CAAdviser
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Central and South Sussex Citizens Advice

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Interesting - this exact thing happened to one of my clients the other day - DWP called to pressurise her into consenting after she declined consent to contact GP, and was told claim would have to be “clerical”.  This is unethical and possibly illegal as “for consent to be valid it must be freely given”.  Has anyone else heard about this happening?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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This needs escalating to Stakeholders asap.

Daphne
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rightsnet writer / editor

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Consider it done…

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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Daphne - 26 July 2021 04:04 PM

Consider it done…

Thanks Daphne. Efficient as ever.

Daphne
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I’ve had a reply via stakeholders saying they want to look into it but need info to identify people it’s happened to - if any of you are able to, can you email/DM me client’s name, DOB and address (and Nino if you have it) - for some reason the first 3 are more important…

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Daphne - 27 July 2021 09:00 AM

..- for some reason the first 3 are more important…

Someone (but I can’t remember who) once said that UC systems don’t rely on NI numbers (which if true is bizarre)