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Court of Protection & Form ESA50
- Somersetsue
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8 years 2 weeks ago #155895 by Somersetsue
Court of Protection & Form ESA50 was created by Somersetsue
My Sister has been made a ward of the Court of Protection because, as the Court Order states, she lacks capacity to make her own decisions. I am astounded that even though the Court of Protection needed evidence of my sisters condition before issuing the court order, that the DWP will not accept this as proof and insist we complete ESA50. Daft, one Government Dept has necessary evidence but another Government Dept decide they must duplicate effort!! o wonder this country is in a mess!
Sue
Sue
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- Gordon
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8 years 2 weeks ago - 8 years 2 weeks ago #155914 by Gordon
I'm afraid that ESA has very specific criteria that need to be met in order for an award to be made, there are going to be few obvious overlaps with an Order of Protection, although the fact that one has been made would likely be supportive.
Have a look at the ESA Claim guides for details of the criteria against which your sister is being assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
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Replied by Gordon on topic Court of Protection & Form ESA50
Somersetsue wrote: My Sister has been made a ward of the Court of Protection because, as the Court Order states, she lacks capacity to make her own decisions. I am astounded that even though the Court of Protection needed evidence of my sisters condition before issuing the court order, that the DWP will not accept this as proof and insist we complete ESA50. Daft, one Government Dept has necessary evidence but another Government Dept decide they must duplicate effort!! o wonder this country is in a mess!
Sue
I'm afraid that ESA has very specific criteria that need to be met in order for an award to be made, there are going to be few obvious overlaps with an Order of Protection, although the fact that one has been made would likely be supportive.
Have a look at the ESA Claim guides for details of the criteria against which your sister is being assessed.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.
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