Ali wrote: Thanks, we're now aware of the criteria to be met so we'll try to give ourselves the best shot when facing the WCA. Do you know if it's now on the application per se, or if there's a way of flagging it up as a consideration? The inability to appeal is concerning, even if the guidance is not adhered to
You can make a case for it in or with the ESA50, the assessor will make a recommendation and the DM will decide whether to apply it of not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: alison_pearce
P Oliveer, the guidance is designed to save people with lifelong conditions that are unlikely to change, from being regularly reassessed. It's not a set list of conditions, it's whether you meet the criteria. "in October 2016, the Secretary of State announced that the Department would stop reassessments for claimants in the ESA Support Group/UC LCWRA Group (those with Limited Capability for Work-Related Activity) with the most severe and lifelong health conditions or disabilities for whom reassessments are likely to provide no further new information".
As regards Severe Disability Premium, he did indeed lose about £40 per week when he went onto UC. However, I am very pleased to report that following the recent court cases, on 19th September he will receive a large back payment plus an extra £120 per month ongoing.
