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The Transfer Process- Point 3

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11 years 3 months ago - 11 years 3 months ago #96856 by MariW
The Transfer Process- Point 3 was created by MariW
Yesterday’s post by jcm regarding her daughter's ESA50 led me to look again at Point 3 of the Transfer Process guide. It states:

“If the Decision Maker is unable to make a Decision on your claim based on the information they have from your existing benefit, then you will be issued with an ESA50....”

This suggests that there are cases for which a transfer could take place without an ESA50 being issued and submitted. Does this, in fact, ever happen?
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #96860 by Gordon
Replied by Gordon on topic The Transfer Process- Point 3

MariW wrote: Yesterday’s post by jcm regarding her daughter's ESA50 led me to look again at Point 3 of the Transfer Process guide. It states:

“If the Decision Maker is unable to make a Decision on your claim based on the information they have from your existing benefit, then you will be issued with an ESA50....”

This suggests that there are cases for which a transfer could take place without an ESA50 being issued and submitted. Does this, in fact, ever happen?

Yes it does happen, but you are unlikely to hear about on the forum as it mostly covers claimants affected by the Exemption Grounds, which includes;

- you are terminally ill
- you are having certain types of chemotherapy

It is also possible to qualify if you have a very severe illness or disability and it is clear you qualify for the support group, but it is important to understand that this is at the extreme end of the spectrum.

The vast majority of claimants should assume that they will have to complete an ESA50.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gareth56.

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11 years 3 months ago - 11 years 3 months ago #96864 by MariW
Replied by MariW on topic The Transfer Process- Point 3
I expect to receive an ESA50 but I wondered about jcm's daughter and a friend's daughter of similar age who, though not terminally ill, is certainly "extreme end". Thanks for clarifying this issue.
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago #96874 by Gordon
Replied by Gordon on topic The Transfer Process- Point 3

MariW wrote: I expect to receive an ESA50 but I wondered about jcm's daughter and a friend's daughter of similar age who, though not terminally ill, is certainly "extreme end". Thanks for clarifying this issue.


I am sorry for being blunt, but the DWP have a specific definition of terminally ill that requires there to be a reasonable expectation of death within six months, normally a GP will issue a DS1500 where this is the case, so to be clear, someone who is terminally ill but may not die for 12-24 months, will nor qualify under the Exemption Criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MariW

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11 years 3 months ago #96880 by Gareth56
Replied by Gareth56 on topic The Transfer Process- Point 3

Gordon wrote:

MariW wrote: Yesterday’s post by jcm regarding her daughter's ESA50 led me to look again at Point 3 of the Transfer Process guide. It states:

“If the Decision Maker is unable to make a Decision on your claim based on the information they have from your existing benefit, then you will be issued with an ESA50....”

This suggests that there are cases for which a transfer could take place without an ESA50 being issued and submitted. Does this, in fact, ever happen?

Yes it does happen, but you are unlikely to hear about on the forum as it mostly covers claimants affected by the Exemption Grounds, which includes;

- you are terminally ill
- you are having certain types of chemotherapy

It is also possible to qualify if you have a very severe illness or disability and it is clear you qualify for the support group, but it is important to understand that this is at the extreme end of the spectrum.

The vast majority of claimants should assume that they will have to complete an ESA50.

Gordon


Have they sorted out the 'oral chemotherapy' issue that Harrington was looking at yet?

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 3 months ago #96881 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic The Transfer Process- Point 3
The Civil Servant who drew up such a crude definition should be disciplined and made to rewrite it in a more humane manner.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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