exemption rules

Hi i am a newbie with a query to esa exemption rules. I have a Genetic kidney disease which both my mother and sister died of by the age of 50. There is no cure for my illness although some treatment available for the symptoms. The complications of my disease are extremely serious and life threatening. On the ESA form I gave full details of my disease and all consultants and the reasons why i believe I should be exempt. I have now been asked to attend a medical. Do I not qualify for exemption if I have a disease for which there is NO CURE. If there is one please give it! Also my GP is Extremely Unsupportive and is so uninterested he never even realised that I still have the disease! Can anyone advise on the exemption

Hi Nellie,

Unlike IB, there are very few exemptions to ESA 'medicals'. I know that people needing haemodialysis are automatically entitled to ESA in the WRAG but I am not sure about any other renal condition.

I have found this

"Exemptions

Certain people are treated a having limited capability for work, meaning that they do not have to satisfy the test.

A claimant will be treated as having limited capability for work, and therefore be exempt from the assessment of limited capability for work, if he/she:
•is terminally ill.
•is receiving, or recovering from, intravenous, intraperitoneal or intrathecal chemotherapy.
•is excluded from work due to having been in contact with a notifiable disease.
•is a hospital in-patient.
•is pregnant and either: •entitled to Maternity Allowance,
•in the period between the date six weeks before her due date and two weeks after the actual birth, and she is not entitled to Maternity Allowance or Statutory Maternity Pay for that period, or,
•there is a serious risk to her or the unborn child if she does not refrain from work,

•is receiving one of the following treatments: •haemodialysis for chronic renal failure,
•plasmapheresis or radiotherapy,
•total parenteral nutrition for gross impairment of enteric function."


I am afraid that it does not look as if you will be exempt from the assessment process

I read this in the guide and thought this applied; Life threatening disease
The first regulation says that you will be found to have limited capability for work if :
a) you are suffering from a severe life threatening disease in relation to which:
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a
recognised therapeutic procedure, and
(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be to those with an incurable life threatening illness-nellie wrote:

Hi i am a newbie with a query to esa exemption rules. I have a Genetic kidney disease which both my mother and sister died of by the age of 50. There is no cure for my illness although some treatment available for the symptoms. The complications of my disease are extremely serious and life threatening. On the ESA form I gave full details of my disease and all consultants and the reasons why i believe I should be exempt. I have now been asked to attend a medical. Do I not qualify for exemption if I have a disease for which there is NO CURE. If there is one please give it! Also my GP is Extremely Unsupportive and is so uninterested he never even realised that I still have the disease! Can anyone advise on the exemption

This is what I found in the ESA GUIDE; 3 Should you be in the work-related activity group because
of exceptional circumstances?
Even if you fail to score enough points under the limited capability for work assessment, you
will still be found incapable of work and eligible for the work-related activity group if you are
covered by the ‘exceptional circumstances’ regulations.
There are two exceptional circumstances regulations. A check should be made to decide if
either of them apply to you at your medical, after the points system has been applied
Life threatening disease
The first regulation says that you will be found to have limited capability for work if :
a) you are suffering from a severe life threatening disease in relation to which:
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a
recognised therapeutic procedure, and
(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be
controlled by a recognised therapeutic procedure

I will leave this for another, more experienced/knowledgable moderator to answer as I am still learning the ropes myself!


edited to add - As I understand it, the section you have found means that you can still get ESA even if you do not satisfy the descriptors. It does not mean that you are exempt from assessment