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ESA Regulation 35.2 in 2013 and an ESA 50 in 2019
- bosm
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4 years 11 months ago #234482 by bosm
ESA Regulation 35.2 in 2013 and an ESA 50 in 2019 was created by bosm
In 2013, I was placed in the Support Group based on either (1) Special Circumstances Reg 35.2 and/or (2) 15 points for Descriptor 1 as a by-product of a condition that I have had for over 45 years and will continue to deteriorate until I die.
Three questions if I may relating to a request to complete a new ESA50 this year.:
1, I cannot remember where I found the details behind Reg. 35.2. Is that same Reg 35.2 still valid in 2019 and where do I get further information about it? Or has it been subsumed in a different set of ESA Special Circumstances Regs and if yes, where do I find that list of Regs?
2. I have a vague recollection of a statement made in 2017 by DWP or in parliament where it was suggested that people on long-term support whose health would only decline further and will never be able to work, would not be subject to re-assessment for ESA benefits. Did I dream this or did it happen? If the latter, would be grateful for any further details.
Thanks in advance for any guidance
Bob
.
Three questions if I may relating to a request to complete a new ESA50 this year.:
1, I cannot remember where I found the details behind Reg. 35.2. Is that same Reg 35.2 still valid in 2019 and where do I get further information about it? Or has it been subsumed in a different set of ESA Special Circumstances Regs and if yes, where do I find that list of Regs?
2. I have a vague recollection of a statement made in 2017 by DWP or in parliament where it was suggested that people on long-term support whose health would only decline further and will never be able to work, would not be subject to re-assessment for ESA benefits. Did I dream this or did it happen? If the latter, would be grateful for any further details.
Thanks in advance for any guidance
Bob
.
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4 years 11 months ago #234558 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Regulation 35.2 in 2013 and an ESA 50 in 2019
Bob
1. Regulation 35 is covered under the heading "Substantial Risk" in our ESA Claim guides. Be aware that there is no on-going assumption of disability for Regulation 35 you will need to show that you meet the criteria now with up to date evidence.
2. No, you did not imagine this, ESA claimants can now be exempted from further assessments but only if they meet certain criteria and most importantly, only after a further WCA.
Gordon
1. Regulation 35 is covered under the heading "Substantial Risk" in our ESA Claim guides. Be aware that there is no on-going assumption of disability for Regulation 35 you will need to show that you meet the criteria now with up to date evidence.
2. No, you did not imagine this, ESA claimants can now be exempted from further assessments but only if they meet certain criteria and most importantly, only after a further WCA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 10 months ago #235089 by bosm
Replied by bosm on topic ESA Regulation 35.2 in 2013 and an ESA 50 in 2019
Thanks Gordon
Could the WCA be a paper based review or does it need to be face-to-face? Where can I read more on this please - is it in the WCA Handbook or somewhere else?
Bob
Could the WCA be a paper based review or does it need to be face-to-face? Where can I read more on this please - is it in the WCA Handbook or somewhere else?
Bob
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4 years 10 months ago #235104 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Regulation 35.2 in 2013 and an ESA 50 in 2019
Bob
It could be either, it's a trade-off, they are more likely to want to see you to verify that you meet Regulation 36 but claimants that do are less likely to be able to attend so a home assessment should be more likely than having to attend at their offices.
Ultimately, it will be down to the evidence that you provide.
Gordon
It could be either, it's a trade-off, they are more likely to want to see you to verify that you meet Regulation 36 but claimants that do are less likely to be able to attend so a home assessment should be more likely than having to attend at their offices.
Ultimately, it will be down to the evidence that you provide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bosm
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