ESA Act - Part 5 (Section 30)

G51shopaholic

Never understood this part - if your off sick then it is worth knowing the ESA Act.

Part 5 - Limited Capability for work. No.30

I've advised a few people on this so i thought it would be handy to quote the actual section you need to know.

It states that you can request to be treated as having limited Capability for work until a medical says differently.

That means you get the higher rate quicker - although I successfully had mine back dated - as I believe everyone should.

Also - at the beginning of sick-pay you don't get paid for the first 3 days. So when you have to apply for ESA do NOT accept the 3 day waiting period if you've already had 3 days deducted from your sickpay!:A

stazi

G51, as you dont understand this-
Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made

30.—(1) A claimant is, if the conditions set out in paragraph (2) are met, to be treated as having limited capability for work until such time as it is determined—
(a) whether or not the claimant has limited capability for work;
(b) whether or not the claimant is to be treated as having limited capability for work otherwise than in accordance with this regulation; or
(c) whether the claimant falls to be treated as not having limited capability for work in accordance with regulation 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work).
(2) The conditions are—
(a) that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations; and
(b) that it has not, within the 6 months preceding the date of claim, been determined, in relation to the claimant’s entitlement to any benefit, allowance or advantage which is dependent on the claimant having limited capability for work, that the claimant does not have limited capability for work or is to be treated as not having limited capability for work under regulation 22 or 23 unless—
(i) the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination;
(ii) a disease or bodily or mental disablement from which the claimant was suffering at the time of that determination has significantly worsened; or
(iii) in the case of a claimant who was treated as not having limited capability for work under regulation 22 (failure to provide information), the claimant has since provided the information requested under that regulation.
(3) Paragraph (2)(b) does not apply where a claimant has made and is pursuing an appeal against a decision that embodies a determination that the claimant does not have limited capability for work and that appeal has not yet been determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(82).

from-
http://www.opsi.gov.uk/si/si2008/uksi_20080794_en_4#pt5-l1g30

then I'll explain it-

JCP will treat a customer as 'sick' with a Fitnote (Med 3), and pay them ESA (if entitled), until they have had an ESA medical. A customer doesn't need to 'ask' for this, JCP do this anyway as a matter of process. If JCP didn't do this, then everyone would have to wait for a payment until after the medical.

andyandflo

Hi Stazi, I wish I had known that they MUST pay ESA at the assessment rate until a medical has happened and a decision has been made. My claim was dated 21/10/09, I had a medical 13/2/10 and a decision to fail me on the 10/3/10. I argued with the DWP and even posted on this site. The DWP insisted that no money would be sent until AFTER the decision was made. I actually received a backdated payment at the end of March 2010! And after the appeal was sent in, they continued to make payments. Someone in the DWP should ensure that ALL claimants are paid from the start of the claim.

stazi

a&f
Once all the required info required has been provided/gathered for any benefit claim, and assuming all the relevant conditions have been met, there would normally be no reason not to pay.