What defines a "Work Capability Assessment"?

Jonathan wrote: Just seen this rather confusing message on GOV.UK's ESA page :

"You must go to a Work Capability Assessment while your ESA claim is being assessed. This is to see to what extent your illness or disability affects your ability to work."

The phrase "you must go" would suggest the WCA is the actual face to face assessment, which is what DWP are claiming. The word "must" also implies that it is compulsory for everyone, and doesn't suggest that a WCA can be carried out on paperwork alone, despite the plethora of empirical evidence on this forum alone which tells a different story.

I wonder if that is why DWP claim the WCA is the actual face to face assessment. This will probably have to go to a FTT to decide my case, as DWP are insisting that WCA = f2f.

Hi J,

That is very clumsy "lay speak" and is purely guidance for ESA Claimants.

They do need informing that it is incorrect, and it needs amending as it is very misleading.

I have given you the actual ESA Legislation, and Legislation will always overrule "Guidance"

If every members that has gone through The ESA WCA without having a F2F in the past 3-4 years that I have been a Mod were not classed as going through the WCA at all, there would be many, many thousands of members who had not gone through The WCA !!

I wouldn't be surprised if The DWP Employees that you are dealing with have obtained their information from The GOV.UK ESA Page that you have posted !!!!

Don't laugh, as it is not at all beyond the realms. !!

It should state that you must go to a Face to Face Assessment if required to !!!

bro58

Thanks bro

As you say, legislation trumps guidance, and I feel a copy and paste of Regulation 23 will be en route to DWP post haste!!!

I wish you luck Jonathan, the ignorance of some DWP employees is staggering!

Hi J

See also :

"42144 Not all claimants require a LCWA in subsequent referrals. Medical services will decide if LCW can be assessed on scrutiny of the available evidence."

From :

DM Guide LCW & LCWRA

bro58