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ESA Reg 2(4)
- mandy76
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11 years 2 months ago - 11 years 2 months ago #98620 by mandy76
ESA Reg 2(4) was created by mandy76
I read something on Rightsnet which said, ‘Reg 2(4) of the amending SI allows the new assessment to be used based on old ESA50’s but only where the determination of LCW occurs on or after 28/7/13.’.
If this is correct I am assuming they will assess me under the new Regs from the evidence I have given on my ESA50 (old version) form. I am further assuming this assessment might be made before 28/07/13 and if it is then won’t this be contrary to Regulation 2(4)? If this is the case what technical recourse or otherwise will there be if any?
If the decision is made on or after 28/07/13 then it means there are further changes in relation to certain descriptors that I was not aware of at the time of completing my ESA50 and therefore didn't address, in the same way as I didn't address substantial risk by way of reasonable adjustments and medication and so on because I returned my form before 28/01/13.
If this is correct I am assuming they will assess me under the new Regs from the evidence I have given on my ESA50 (old version) form. I am further assuming this assessment might be made before 28/07/13 and if it is then won’t this be contrary to Regulation 2(4)? If this is the case what technical recourse or otherwise will there be if any?
If the decision is made on or after 28/07/13 then it means there are further changes in relation to certain descriptors that I was not aware of at the time of completing my ESA50 and therefore didn't address, in the same way as I didn't address substantial risk by way of reasonable adjustments and medication and so on because I returned my form before 28/01/13.
Last edit: 11 years 2 months ago by Gordon.
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11 years 2 months ago #98625 by Gordon
All Decisions made after 28/07/13 will be made on the basis of the new Regulations and Descriptors.
If you received an ESA50 before 28/01/13 or you have been issued an old ESA50, but have not yet had a Decision, if it is made before 28/07/13 then it should be made using the new Regulations and the old Descriptors.
Anybody using a new ESA50 will be assessed using the new Regulations and new Descriptors.
I hope this explains it.
GOrdon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Reg 2(4)
phidgity wrote: I read something on Rightsnet which said, ‘Reg 2(4) of the amending SI allows the new assessment to be used based on old ESA50’s but only where the determination of LCW occurs on or after 28/7/13.’.
If this is correct I am assuming they will assess me under the new Regs from the evidence I have given on my ESA50 (old version) form. I am further assuming this assessment might be made before 28/07/13 and if it is then won’t this be contrary to Regulation 2(4)? If this is the case what technical recourse or otherwise will there be if any?
If the decision is made on or after 28/07/13 then it means there are further changes in relation to certain descriptors that I was not aware of at the time of completing my ESA50 and therefore didn't address, in the same way as I didn't address substantial risk by way of reasonable adjustments and medication and so on because I returned my form before 28/01/13.
All Decisions made after 28/07/13 will be made on the basis of the new Regulations and Descriptors.
If you received an ESA50 before 28/01/13 or you have been issued an old ESA50, but have not yet had a Decision, if it is made before 28/07/13 then it should be made using the new Regulations and the old Descriptors.
Anybody using a new ESA50 will be assessed using the new Regulations and new Descriptors.
I hope this explains it.
GOrdon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mandy76
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