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

Reg 20 of the 2008 Regs

J.Mckendrick
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Reg 20 of the ESA Regs 2008 states that these applicants are ‘treated’ as having limited capability for work.’ Therefore did these applicants receive the WRAC immediately and therefore having no need to attend a medical.

Elliot Kent
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In short, no. To qualify for a component, either you need to reach the end of the assessment phase or meet one of the conditions in regulation 7.

J.Mckendrick
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Many thanks for the reply. So if a client was ‘treated’ as having limited capability for work’ due to attending ‘residential rehab’ lets say for alcohol or substance misuse, after week 13 would they then receive the WRAC after week 13 automatically without having to attend a medical.

Elliot Kent
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Essentially, I don’t think rehab is discussed on the initial claim so I think they would normally still have to send the ESA50 back but wouldn’t need a medical to determine LCW.

It would still be open to the DWP to arrange a medical to decide if the claimant should be in the support group.

J.Mckendrick
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Again many thanks. One more thing in that is there any difference being ‘treated’ as having LCFW oppose to being ‘determined’ ti have LCFW. Secondly isn’t residential rehab treated as someone being in a hospital or similar institution.

Elliot Kent
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J.Mckendrick - 23 June 2017 07:12 AM

One more thing in that is there any difference being ‘treated’ as having LCFW oppose to being ‘determined’ ti have LCFW.

A determination of LCW is made under reg 19. All the other regs are deeming provisions. It makes no odds whether you have actual or deemed LCW unless you are trying to be precise.

J.Mckendrick - 23 June 2017 07:12 AM

Secondly isn’t residential rehab treated as someone being in a hospital or similar institution.

Yes. See reg 25.

J.Mckendrick
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Again many thanks. So am I right in believing that the said client who is ‘treated’ as having LCFW under Reg 20 (residential detox) would therefore receive the WRAC without having to attending a medical after week 13. Secondly would he/she then be able to request a medical in order to be put into the support group.

Or is there any way that the same client can be ‘treated’ as having support group status whilst in residential rehab again without having to attend a medical.

Many thanks.

Elliot Kent
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J.Mckendrick - 23 June 2017 09:16 AM

Again many thanks. So am I right in believing that the said client who is ‘treated’ as having LCFW under Reg 20 (residential detox) would therefore receive the WRAC without having to attending a medical after week 13. Secondly would he/she then be able to request a medical in order to be put into the support group.

It would be up to the DWP probably based on the contents of the ESA50. A client dissatisfied with being put in the WRAG only could ask for an MR or appeal. I don’t know what happens in practice as I rarely deal with clients in this situation.

J.Mckendrick - 23 June 2017 09:16 AM

Or is there any way that the same client can be ‘treated’ as having support group status whilst in residential rehab again without having to attend a medical.

No. The deeming provisions for LCWRA are set out seperately in the regs.

I think you would benefit from re-reading the chapter in CPAG on Limited Capability for Work which discusses all the circumstances in which you can be treated as having these statuses.