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ESA claimed at end Jan didn't receive claim form till 4/4/22

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2 years 11 months ago #269197 by Angie
Hi I was dismissed from my job because of sickness in Dec. I claimed Esa at end of Jan and was called by a man from jobcentre and I was asked to send in any sicknotes I had I didn't his. I heard nothing and eventually got a lady to help who's saying I didn't pay enough Nat ins in the past year. 1. I only worked 14 hrs aweek.
2. Prior to this I lost my business and had no income during lockdown.
I asked what I'm expected to live on as I have been put of work now for 3 months due to depression and anxiety fir which I was hospitalised. I am now under the care of local g.p and Councillor.
Yesterday I received an ESA 50 form?? Plse help

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2 years 11 months ago #269225 by Gary
Hi Angie

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

A 13 week assessment phase applies to all new UC claimants. During the assessment phase you should undergo the work capability assessment (UC50 form). The assessment phase can be extended beyond 13 weeks if there is a delay in completing this assessment.

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)

The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 


In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

If you have any further questions please come back to the forum.

Gary

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

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