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

ESA after 30 March (2) - IDS response

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

see thread - http://www.rightsnet.org.uk/forums/viewthread/7894/

The SSWP has now provided a response.

However the response does not appear to provide any method by which a claimant can put the question of significant worsening or a new condition before a DM without ending JSA and making a new claim for ESA. I cannot see how the info. in the last two sentences of the 1st para. on page 2 applies in practice. This appears to contradict what is written beforehand.

See also the guidance in Memo DMG 10/15 which refers to a new claim for ESA.

So the questions remain:
Is there a ‘shadow’ clerical ESA claim process which can run alongside an award of JSA so a claimant does not have to go months without money?
If so, how does a claimant initiate that process in practice?

Nearly one year on still no satisfactory answer to the issues raised by the amendment!

Or is it the (unspoken) purpose of the amendment to create a kind of Reg 30 ‘lobster pot’ which a claimant can only get out of if they have sufficient resources to survive while they gnaw their way out?

Tom H
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Newcastle Welfare Rights Service

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Peter Turville - 07 March 2016 02:06 PM

I cannot see how the info. in the last two sentences of the 1st para. on page 2 applies in practice. This appears to contradict what is written beforehand.

Peter, you’ve not attached the doc concerned.

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Total Posts: 1659

Joined: 18 June 2010

Tom H - 07 March 2016 07:17 PM
Peter Turville - 07 March 2016 02:06 PM

I cannot see how the info. in the last two sentences of the 1st para. on page 2 applies in practice. This appears to contradict what is written beforehand.

Peter, you’ve not attached the doc concerned.

Dooh!

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