× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

Armed Forces and UC50s and ESA50s

CHAC Adviser
forum member

Caseworker - CHAC, Middlesbrough

Send message

Total Posts: 260

Joined: 14 September 2017

As it’s Friday afternoon and I’m starting to procrastinate a bit about an MR I’m writing a thought occurred regarding UC50s and ESA50s. Why does it asks if someone has been a member of HM Armed Forces? I had a quick look through the DRH and nothing immediately sprang out so it seemed a slightly odd question for them to ask. It would, ironically, make more sense in a PIP form where ticking yes might then trigger some questions about whether or not AFIP might be a relevant/has been missed somewhere down the line. But on a work capability assessment form?

Any illumination (or gentle pointing out of something obvious I’ve missed) gratefully received!

past caring
forum member

Welfare Rights Adviser - Southwark Law Centre, Peckham

Send message

Total Posts: 1125

Joined: 25 February 2014

Isn’t it because where someone has been discharged from the armed forces, the number of waiting days is reduced from the usual seven to three - so long as prior to the discharge the claimant had three or more days that were sickness absence…..

CHAC Adviser
forum member

Caseworker - CHAC, Middlesbrough

Send message

Total Posts: 260

Joined: 14 September 2017

past caring - 13 December 2022 11:37 AM

Isn’t it because where someone has been discharged from the armed forces, the number of waiting days is reduced from the usual seven to three - so long as prior to the discharge the claimant had three or more days that were sickness absence…..

Aha! You’re quite right the waiting days are reduced when if you’re coming out of the forces following a period of sickness. Thank you that’s answered, well not a burning question, but one that was puzzling me :)

seand
forum member

Welfare rights officer - Wheatley Homes

Send message

Total Posts: 303

Joined: 16 June 2010

Isn’t it wider than that?

quoting from https://www.gov.uk/government/publications/jobcentre-plus-services-for-the-armed-forces-and-their-families/armed-forces-enhanced-access-to-jobcentre-plus-services-and-armed-forces-champions 

“When a service medical board decides a severely disabled person can no longer be employed in the armed forces and should be discharged, DWP now use the service medical board evidence to determine eligibility to ‘new style’ Employment and Support Allowance and Universal Credit rather than conduct a face-to-face medical assessment.”

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3140

Joined: 14 July 2014

seand - 13 December 2022 02:58 PM

Isn’t it wider than that?

quoting from https://www.gov.uk/government/publications/jobcentre-plus-services-for-the-armed-forces-and-their-families/armed-forces-enhanced-access-to-jobcentre-plus-services-and-armed-forces-champions 

“When a service medical board decides a severely disabled person can no longer be employed in the armed forces and should be discharged, DWP now use the service medical board evidence to determine eligibility to ‘new style’ Employment and Support Allowance and Universal Credit rather than conduct a face-to-face medical assessment.”

I think that would make more sense, as the waiting days would be dealt with before the ESA50 was issued and wouldn’t be relevant in a UC WCA at all.

past caring
forum member

Welfare Rights Adviser - Southwark Law Centre, Peckham

Send message

Total Posts: 1125

Joined: 25 February 2014

Aye, teach me to skim-read. :)