× Members

Does Incontinence aids effect the ESA descriptors

More
12 years 9 months ago #59041 by Doris
originaldave wrote:

page 84 and 85 might answer your questions

www.dwp.gov.uk/docs/wca-handbook.pdf


This is what I referring to ( p 86 )

Quote "The descriptors do dot refer to minor degrees of leakage that could be managed by the use of pads and not necessitate a full change of clothing. If a person is not using pads, they should be considered as if using pads as these are a widely available aid."

and yes they did spell not as dot !

I understand that as if you fully void every day, as long as the pads work you dont meet the descriptors and therefore will fail the WCA ?

Or have my pills fogged my brain again :(

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #59046 by Gordon
Doris

Even if your interpretation is correct, that does not mean that you cannot still argue your case for points.

The real difficulty is that there is no specific case law relating to the new ESA criteria, and won't be for at least a year. You can often argue that case law from other benefits or older criteria is still relevant, but the soiling of clothing is new and to my mind invalidates any previous case law with regard to the use of pads.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #59047 by Rainbowlight
Replied by Rainbowlight on topic Re:Does Incontinence aids effect the ESA descriptors
Hi Doris

It does sound as if the meaning is as you suggest. It appears that the thinking around incontinence and ability to work was heavily influenced by considerations of dignity and social embarrassment, so it may be that if the incontince can be sucessfully managed with pads then the social issues are avoided, and one is assumed able to work (in that respect at least).

regards
Rainbowlight

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #59048 by Doris
Gordon wrote:

Doris

Even if your interpretation is correct, that does not mean that you cannot still argue your case for points.

The real difficulty is that there is no specific case law relating to the new ESA criteria, and won't be for at least a year. You can often argue that case law from other benefits or older criteria is still relevant, but the soiling of clothing is new and to my mind invalidates any previous case law with regard to the use of pads.

Gordon


I hope I'm not the test case lol !


My PCT only prescribe one type of pad which to be honest is not that good :(.

So its private or damp !

Please Log in or Create an account to join the conversation.

More
12 years 9 months ago #59051 by Doris
Rainbowlight wrote:

Hi Doris

It does sound as if the meaning is as you suggest. It appears that the thinking around incontinence and ability to work was heavily influenced by considerations of dignity and social embarrassment, so it may be that if the incontince can be sucessfully managed with pads then the social issues are avoided, and one is assumed able to work (in that respect at least).

regards
Rainbowlight


This is my thinking.

The guides would normally be of great benefit to me, but when I'm on my meds I really struggle interpreting whats wrote down.

Please Log in or Create an account to join the conversation.

  • originaldave
12 years 9 months ago #59057 by originaldave
Replied by originaldave on topic Re:Does Incontinence aids effect the ESA descriptors
Doris wrote:

originaldave wrote:

page 84 and 85 might answer your questions

www.dwp.gov.uk/docs/wca-handbook.pdf


This is what I referring to ( p 86 )

Quote "The descriptors do dot refer to minor degrees of leakage that could be managed by the use of pads and not necessitate a full change of clothing. If a person is not using pads, they should be considered as if using pads as these are a widely available aid."

and yes they did spell not as dot !

I understand that as if you fully void every day, as long as the pads work you dont meet the descriptors and therefore will fail the WCA ?

Or have my pills fogged my brain again :(



my reading of it is, if you fully void and need a bath (not a change of clothes) you get the points IMO

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.