ESA50 Shenanigans

I received my ESA50 today as part of the IB to ESA migration process.

First of all it says it has to be returned by the 20th November, less than three weeks away, (the letter was dated 29th Oct) and also the envelope to return it is the JC+ that is dealing with the migration, and not ATOS.

I rang them to complain that I am allowed four weeks to return the form. They replied that if it isn't returned by the 20th November, then a reminder is sent out to say you have a week in which to return it.

They also said that the form was to be sent to them and then they forward it on to ATOS. They then have a record that they have received it. That's not what I have been lead to understand by this forum and ATOS!

Fortunately, I have already completed a bulk of the ESA50 using the downloaded interactive pdf, so I can return it by the 20th to be on the safe side.

Any advice on how to proceed?

summertrain wrote:

I received my ESA50 today as part of the IB to ESA migration process.

First of all it says it has to be returned by the 20th November, less than three weeks away, (the letter was dated 29th Oct) and also the envelope to return it is the JC+ that is dealing with the migration, and not ATOS.

I rang them to complain that I am allowed four weeks to return the form. They replied that if it isn't returned by the 20th November, then a reminder is sent out to say you have a week in which to return it.

They also said that the form was to be sent to them and then they forward it on to ATOS. They then have a record that they have received it. That's not what I have been lead to understand by this forum and ATOS!

Fortunately, I have already completed a bulk of the ESA50 using the downloaded interactive pdf, so I can return it by the 20th to be on the safe side.

Any advice on how to proceed?

Hi st,

You are indeed correct you should get at least 4 weeks to complete and return your ESA50 by the deadline given, this is a matter of law, and not simply guidance, see :

How long do I have to complete the ESA50?

Whoever you spoke to on the phone has misinformed you, a remider is generally sent out 3 weeks after the ESA50, not on the date of the deadline.

As you may know failure to return by the deadline can result in your file being returned to the DWP DM, and your benefit may cease.

As for the address on the ESA50 return envelope being that of the JC+, they sometime do this, only at the top of the address on the prepaid envelope it has "ATOS Healthcare" and/or a P.O. Box number.

As you have had the good foresight to start completing the PDF ESA50, and as you feel that you could return it by the 20th November, I would strongly advise you to return it by the 20/11/12, therefore avoiding any potential problems.

I would also use the pre-paid envelope provided.

See :

ESA50 too big for the envelope

Sending Documents to the DWP or ATOS

bro58

I'd ensure it's back by the 20th then you won't have the usual DWP/Atos fiasco regarding these matters. My deadline is the 14th it will be sent, recorded obviously, by the 8th.

bro58 wrote:

summertrain wrote:

I received my ESA50 today as part of the IB to ESA migration process.

First of all it says it has to be returned by the 20th November, less than three weeks away, (the letter was dated 29th Oct) and also the envelope to return it is the JC+ that is dealing with the migration, and not ATOS.

I rang them to complain that I am allowed four weeks to return the form. They replied that if it isn't returned by the 20th November, then a reminder is sent out to say you have a week in which to return it.

They also said that the form was to be sent to them and then they forward it on to ATOS. They then have a record that they have received it. That's not what I have been lead to understand by this forum and ATOS!

Fortunately, I have already completed a bulk of the ESA50 using the downloaded interactive pdf, so I can return it by the 20th to be on the safe side.

Any advice on how to proceed?

Hi st,

You are indeed correct you should get at least 4 weeks to complete and return your ESA50 by the deadline given, this is a matter of law, and not simply guidance, see :

How long do I have to complete the ESA50?

Who ever you spoke to on the phone has misinformed you, a remider is generally sent out 3 weeks after the ESA50, not on the date of the deadline.

As you may know failure to return by the deadline can result in your file being returned to the DWP DM, and your benefit may cease.

As for the address on the ESA50 return envelope being that of the JC+, they sometime do this, only at the top of the address on the prepaid envelope it has "ATOS Healthcare" and/or a P.O. Box number.

As you have had the good foresight to start completing the PDF ESA50, and as you feel that you could return it by the 20th November, I would strongly advise you to return it by the 20/11/12, therefore avoiding any potential problems.

I would also use the pre-paid envelope provided.

See :

ESA50 too big for the envelope

Sending Documents to the DWP or ATOS

bro58

Just to add, you may wish to photocopy the front of the pre-paid envelope, and keep it safe before using it, and of course the beauty of using the PDF ESA50 is that you will have a copy left on your P.C. which you can also back up to hard drive or USB stick.

bro58

Hi st,

Even though you should return the ESA50 to arrive no later than the 20/11/12, you may still wish to complain regarding not being allowed the specified 4 week period, and about the misinformation that you were given over the phone.

This is the actual legislation that came into force at the end of October 2011, when the previous 6 weeks period was changed to 4 weeks :

" Amendments to the Social Security (Incapacity for Work) (General) Regulations 1995

9.—(1) The Social Security (Incapacity for Work) (General) Regulations 1995 are amended as follows.

(2) In regulation 7(2)(18) (failure to provide information)—
(a)in sub-paragraph (a) for “6 weeks” substitute “4 weeks”; and .

(b)in sub-paragraph (b)– .

(i)for “4 weeks” substitute “3 weeks”, and .

(ii)for “2 weeks have” substitute “1 week has”."

At 9. in this document.

www.legislation.gov.uk/uksi/2011/2425/part/3/made

As I have said, keep a copy of the pre-paid envelope, and you can keep the ESA50 that came through the post, and any documentation that came with it. (All in a safe place)

Just in case any problems arise.

bro58

Thanks bro58 for that. When I spoke to the DWP they said it was 3 weeks plus 1 week to return the form. She went on to explain that if I hadn't returned the form by the 20th November then a reminder would be sent out to say you had a week left. However, that's not what is says on the form, and you can't trust these people as it seems they are always trying to trip up the unwary.
Needless to say I will return the form by the 20th November to be on the safe side.

As for the address on the ESA50 return envelope being that of the JC+, they sometime do this, only at the top of the address on the prepaid envelope it has "ATOS Healthcare" and/or a P.O. Box number.

By the way, the return envelope has no mention of ATOS, the address on it is to the JC+ office dealing with the migration.Also, the EASA50 has FAO **** IBR Team 7 written on the top, so I will copy that on the pdf copy. What a right mularky!