Changes to ESA Reg 29 & 35

paragon909

speedfreek1000 wrote: »

To sum up - what has changed is the Guidance given to both DWP Decision Makers and Maximus/ATOS Health Care Professionals. It's also removed the majority of safeguarding guidance that use to apply to mental health.

Basically the DWP are now stating; that as Work Related activity is tailored to the individuals needs..... so the grounds to enter the Support Group via Work Related Activity may/will cause a person harm no longer exists except in extremely rare cases if mental health/learning difficulties is stated.

Remember guidance is just the DWPs interpretation of the rules and we'll only find out if this sticks when people challenge this at Tribunals and we start to see Appeal decisions.




Once you go to appeal you can submit whatever evidence you want! So that is really shockingly bad advice! It's just plain wrong imho!


As for the recording it's legal and fine. Although with recordings especially of WCAs it's just a record of what was said. It may cast doubt on the validity/accuracy of the produced WCA report but that is it. You need to concentrate on gathering evidence on and stating why/how you qualify for ESA and not dwell to much on I said, he/she said as that will get you nowhere.

It's actually against DWP rules to secretly record assessments.

I meant in regards to the appeal, Turning up at a tribunal with new evidence could delay hence why it's always good to send it with the appeal.

Covert recording is not acceptable and will result in the termination of the
assessment by the HCP. This may also result in the case being passed to a
Departmental Decision Maker for consideration on the basis of ‘good cause’ for failure to
attend or submit for a face-to-face assessment. This could result in loss of benefit.

According to the DWP.

1234mas430

speedfreek1000 wrote: »

Once you go to appeal you can submit whatever evidence you want! So that is really shockingly bad advice! It's just plain wrong imho!

SF , what other kind of advice do you expect from the resident pedant...