× Members

ESA Appeal for son with ASD

More
6 years 11 months ago #188124 by Janey P
Replied by Janey P on topic ESA Appeal for son with ASD
Thank you Gordon, I've struggled to find it.

Much appreciated

Jane

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #188134 by Gordon
Replied by Gordon on topic ESA Appeal for son with ASD

Janey P wrote: Thank you Gordon, I've struggled to find it.

Much appreciated

Jane


OK the problem is that it is not a single Regulation but two, each dealing with half of the argument, so

Regulation 18 allows an ESA(IR) claim for a student in full time education if the are also receiving DLA or PIP. The link below has been amended to include PIP.

www.legislation.gov.uk/uksi/2008/794/regulation/18/made

then Regulation 33.2(b) confers LCW to a claimant receiving education.

www.legislation.gov.uk/uksi/2008/794/regulation/33/made

Rather than explain the issues myself the following RightsNet topics cover them.

www.rightsnet.org.uk/forums/viewthread/10106/

www.rightsnet.org.uk/forums/viewthread/8724/

www.rightsnet.org.uk/forums/viewthread/8042/

www.rightsnet.org.uk/forums/viewthread/3797/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #188170 by buster21
Replied by buster21 on topic ESA Appeal for son with ASD
Can I just say something about EHCP's and using them as evidence to back up a claim for ESA/DLA/PIP.

You said you sent in a copy of your son's EHCP to be used as evidence.

Well I have to say - you're braver than me! From my own lived experience, EHCP's tend to be overwhelmingly overly positive in relation to a child's or young person's limitations.

Therefore, I have decided not to send in EHCP's for that reason. EHCP's after all are only intended to be used for educational reasons - ensuring statutory educational rights for SEND children and young people 25 and under.

For example, my son's draft EHCP stated that my disabled son wanted to be a van driver when he left school. Although this is already impossible due to his visual impairment, he has an incurable degenerative eye condition - his ophthalmologist has already said he would fail the DVLA eye sight requirements for driving.

It doesn't mention anything about what the ophthalmologist told me in my son's EHCP, but, the draft copy mentioned he wanted to be a driver. Even though clearly, according to medical experts, he will never be able to carry out that activity - unless a cure is found.

What would a DWP "health care professional" or decision make of such overly and unrealistic "evidence"? Music to their ears I reckon.

Buster

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #188173 by Janey P
Replied by Janey P on topic ESA Appeal for son with ASD
Gordon, I can't thank you enough for this clarification. What an absolutely amazing site this is with amazing people. Thank you so much. Once all this is over I will let you know how me and my son get on.

Best wishes

Jane

Please Log in or Create an account to join the conversation.

More
6 years 11 months ago #188533 by Janey P
Replied by Janey P on topic ESA Appeal for son with ASD
Buster,

Thank you for your imput, I am very well aware of what an EHC plan is and isn't. My sons is not positive it outlines his needs, gives realistic outcomes and the provision to meet his educational needs. Its not a documents saying how able is his and how capable he is, its a legal document about his education needs. So it wont be "music to their ears" So yes I have sent it, maybe I am braver.

Try not to undermine people who are struggling with the system. Its not a competition.

Jane

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.