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Maintaining Limited Capability for Work Status
- nofuss
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13 years 2 weeks ago #90082 by nofuss
Maintaining Limited Capability for Work Status was created by nofuss
I was reading this example on the ESA FAQ page re the 12 month limitation of ESA (CB):
How does a claimant 'maintain their Limited Capability for Work status' in the above situation? Are claimants given the opportunity to send in a regular ESA50 to complete or is this done in some other way?
(Reading that all hope is not lost if one's condition deteriorates to support group level after ESA (CB) has ceased due to time limitation is a revelation to me - I have been very worried about this as I have a number of degenerative conditions. Where would we be without this site?!)
Thanks in anticipation.
A claimant was subject to the time limitation for ESA(CB) and did not qualify for ESA(IR). They have opted to receive NI credits and have maintained their Limited Capability for Work status. At some future point in time due to deterioration of an existing condition or a new condition, they meet the criteria for the Support Group.
The claimant is placed in the Support Group and their ESA(CB) is re-instated, however, if at any time they no longer meet the criteria for the Support Group, their entitlement to ESA(CB) ceases immediately.
How does a claimant 'maintain their Limited Capability for Work status' in the above situation? Are claimants given the opportunity to send in a regular ESA50 to complete or is this done in some other way?
(Reading that all hope is not lost if one's condition deteriorates to support group level after ESA (CB) has ceased due to time limitation is a revelation to me - I have been very worried about this as I have a number of degenerative conditions. Where would we be without this site?!)
Thanks in anticipation.
- slugsta
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13 years 2 weeks ago #90087 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Maintaining Limited Capability for Work Status
This has not been made totally clear yet. We expect that claimants will be sent regular ESA50s but are not sure whether they would also have to attend face-to-face assessments periodically.
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- Gordon
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13 years 2 weeks ago #90088 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Maintaining Limited Capability for Work Status
Nofuss
The DWP have not specifically defined how a claimant will be able to do this, but the assumption is that they will regularly sent ESA50's and may well have to attend WCA Assessments in order to maintain eligibility.
Whilst we all define ESA eligibility by the time for the next assessment, ESA awards are actually indefinite, and a claimant remains eligible (in principle), until a Decision is made that they are not.
Gordon
The DWP have not specifically defined how a claimant will be able to do this, but the assumption is that they will regularly sent ESA50's and may well have to attend WCA Assessments in order to maintain eligibility.
Whilst we all define ESA eligibility by the time for the next assessment, ESA awards are actually indefinite, and a claimant remains eligible (in principle), until a Decision is made that they are not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- nofuss
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13 years 2 weeks ago #90090 by nofuss
Replied by nofuss on topic Re:Maintaining Limited Capability for Work Status
Thanks Mrs Hurtyback.
And I guess they may have to attend work focused interviews too?
And I guess they may have to attend work focused interviews too?
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13 years 2 weeks ago #90095 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Maintaining Limited Capability for Work Status
No (at last, some good news!). One can only be obliged to attend WFIs while being awarded the WRAG component of ESA.
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13 years 2 weeks ago - 13 years 2 weeks ago #90102 by nofuss
Replied by nofuss on topic Re:Maintaining Limited Capability for Work Status
Thanks Mrs Hurtyback.
Thank goodness for that!
Thank goodness for that!
Last edit: 13 years 2 weeks ago by slugsta.
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