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

Day 29 guidance

Dan Manville
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Greater Manchester Law Centre

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Now I’m sure I’ve seen it somewhere but it isn’t in the HoC deposited papers, the ADM or the WCA handbook.

They can do a day 1 WCA referral if a person has “certain specified conditions”.

Where’s the list?

Maybe I’m lazy welfing but look at the time!

MickD
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Welfare Rights Derbyshire County County

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https://www.gov.uk/government/publications/universal-credit-if-you-have-a-disability-or-health-condition-quick-guide/universal-credit-if-you-have-a-disability-or-health-condition

Section 1

You may be referred for a WCA on the first day of your claim when one of the following applies:

a medical professional has said you might have 12 months or less to live

you are pregnant and there is a serious risk of damage to your health, or to the health of your unborn child if you do not refrain from work or work-related activity

you are receiving or are about to receive treatment for cancer by way of chemotherapy or radiotherapy – or you are recovering from such treatment

you are in hospital or similar institution for 24 hours or longer

you are prevented from working by law

you are receiving treatment such as dialysis, plasmapheresis or total parenteral nutrition for gross impairment of enteric function or are recovering after receiving one of these types of treatment

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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I don’t know where the normal Day 29 guidance comes from (in terms of legislative basis)..

MickD
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Welfare Rights Derbyshire County County

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I don’t think there is anything in the legislation.  It appears to be just guidance:

https://data.parliament.uk/DepositedPapers/Files/DEP2016-0778/Health_conditions_and_disabilities_v5.0.pdf

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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MickD - 14 October 2022 07:45 PM

I don’t think there is anything in the legislation.  It appears to be just guidance:

https://data.parliament.uk/DepositedPapers/Files/DEP2016-0778/Health_conditions_and_disabilities_v5.0.pdf

Thanks for that Mick. Sorry I’ve only just noticed your reply. That’s what I suspected..