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Confused about IB to ESA just read something Help

  • originaldave
  • Topic Author
12 years 9 months ago #62370 by originaldave
Someone posted a link which is now locked but reading the document it says

.................
Automatically treat those Incapacity Benefit claimants currently exempt from the Personal Capability Assessment as meeting the conditions for the Employment and Support Allowance Support Group


this is on
on page 13
www.dwp.gov.uk/docs/jcp-eia-ib-reassessment.pdf

I thought they where NOT doing this ?

Very confused :silly:

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12 years 9 months ago #62371 by Gordon
Dave

You have to read the paragraph headings with a ? at the end :)

So it's

Automatically treat those Incapacity Benefit claimants currently exempt from the Personal Capability Assessment as meeting the conditions for the Employment and Support Allowance Support Group?

and the answer is

No

Hope this explains it.

Gordon

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

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12 years 9 months ago #62372 by Towser
Everyone as far as I am aware everyone on IS or IB will be required to complete form ESA50 before any decision can be made as to which group they are placed in.
All claimants I have seen up to now have all been required to attend a medical.

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  • originaldave
  • Topic Author
12 years 9 months ago #62373 by originaldave
Replied by originaldave on topic Re:Confused about IB to ESA just read something Help
Gordon wrote:

Dave

You have to read the paragraph headings with a ? at the end :)

So it's

Automatically treat those Incapacity Benefit claimants currently exempt from the Personal Capability Assessment as meeting the conditions for the Employment and Support Allowance Support Group?

and the answer is

No

Hope this explains it.

Gordon


being exempt PCA at present (blind) my readers F**** it up and i just get what i posted and no "NO" if you get what I mean :silly: wheres the no ? another page ?

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12 years 9 months ago #62375 by Gordon
originaldave wrote:

being exempt PCA at present (blind) my readers F**** it up and i just get what i posted and no "NO" if you get what I mean :silly: wheres the no ? another page ?

Sorry Dave, are you asking a question about my response or hi-lighting how stupid the prhrasing in the DWP document is?

Thanks

Gordon

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

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12 years 9 months ago #62378 by Derek4
It seems that DWP offices are running out of paper and feel the need to carry out all communications over the phone.

15.
If the Jobcentre Plus decision maker believes the claimant is likely to be disallowed Employment and Support Allowance they will call them and explain why they think they may not be entitled. They will ask the claimant if there is any additional information that they feel has not been taken into account in making the decision.

I fail to understand how a claimant can answer this question unless he or she can see all of the information that the decision maker took into account.

16.
If the claimant provides additional information which could lead to a different decision being made from the one previously anticipated, the decision maker will ask them to provide evidence to support this. The claimant will need to send the evidence to Jobcentre Plus. Once this information has been received and considered, the decision maker will make a final decision, and the claimant will be called and informed of the decision.
18.
When a claimant is informed that, under the re-assessment exercise, they have not qualified for Employment and Support Allowance, Jobcentre Plus will discuss their options with them. Based on experience gained during the trial, the staff making this call will offer to call the claimant back at a later time if they feel they need time to absorb the decision, before discussing their options.

I feel I need time to absorb the content of my fridge before deciding what to eat and cannot imagine anyone who doesn't need time to absorb having their income snatched away from them before deciding/discussing their options!

I will repeat the advice in the guides and often posted to the forum; never discuss complexed benefit matters with the DWP over the phone. Always insist on written correspondence so you can seek advice if necessary and there will be a record of what you have been asked and what you have said, which can be presented to a tribunal if required.

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