ESA question

datec66

No you don't need a fit note

tazwhoever

datec66 wrote: »

No you don't need a fit note

Thank you but on another forum it says I should -

"If after starting work you decide that you cannot manage it then you can go back onto ESA.
How you do this depends on how long you have been working.

If it has been more than 12 weeks since you closed you ESA claim then you have to make a full new claim, and go through assessment rate with sick notes etc.

If it has been less than 12 weeks then you ask for a 'Rapid Reclaim'.
You need to make clear that you gave up ESA to try work and are reclaiming within 12 weeks or they will just start the new claim process.

Because its less than 12 weeks it is counted as a linked claim and you should go back on the same rate as previously.
I believe that you may need one sick note when you frst make the Rapid Reclaim.

Although there is nothing that says you need a reassessment for a Rapid Reclaim I would not be too surprised if they ask for one.
(Remember they can reassess at any time)."


Is there any info whether I should or not send a fit note? Better be prepared just in case I couldn't cope with job.

epitome

Firstly, as long as you know you are not entitled to and therfore not bothered about ESA Income Related, .........then reclaiming ESA C or ESA CNS should not be a problem wherever you live.

Do you need a sick note?

When you do a new claim within 12 weeks, they should always refer you for a new medical.

Linking rules
145 (1) Any period of limited capability for work which is separated from another such period by not more than 12 weeks is to be treated as a continuation of the earlier period.

and

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

The New claims people will always say to send in a first sick note, regardless, but you always have a self cert anyway on any new claim. In my experience, rarely does the BC insist on an actual sick note for the new claim because it links, but on an occasion where I saw that the BC had asked for a sick note, I made enquiries....I asked if any med cert would be required, and if one was required, wouldn't that requirement be satisfied by a self cert?

Someone advised me that Reg 145 only allows the WRAG/SG component to be reawarded, but it was still left to be determined if they still have LCW/LCWRA. And that due to Reg 30 a sick note could still be required. and not only one, but ongoing sick notes until the assessment had been determined.

If I was talking to that person again now, I would cite the definition of PLCW in the 2008 ESA Act

“period of limited capability for work” means <snip> a period throughout which a person has, or is treated as having, limited capability for work,<snip>

My argument would be that the Act itself defines PLCW and reg 145 is a continuation of that period. Therefore the claimant has or is treated as having LCW. So Reg 30 (1) (a) and (b) have been satisfied.

However, Reg 30 (1) does start out by saying
"(1) A claimant is, if the conditions set out in paragraph (2) are met,"

So it could be argued that in all claims the conditions of para (2) must be met. How they are met,
"that the claimant provides evidence of limited capability for work in
accordance with the Medical Evidence Regulations(MER);"
would have to be determined by the MER ...
i.e. is a self cert "evidence in accordance with the MER"?
or does the MER want more than a self cert?

I have not looked at the MER, but I would imagine that a self cert for 7 days is mentioned there, and as such, a self cert is "medical evidence", so my argument would be that the conditions of para (2) have been "met" for 7 days by the self cert...and then 30 (1) a) b) have been determined by the linking.

But it could still be argued by someone else that at least 1 real doctors cert would be required.

But I could be wrong, it depends what the MER says and it depends if a court agrees with my interpretation...

Conclusion
But still, my experience is that you will not need a sick note because they don't insist on one. But if you find that you do, one should be enough.

tazwhoever

epitome - many thanks very helpful

Poplar88

Hi All - I have a question about Permitted Work whilst receiving ESA Benefit - when you first get awarded ESA (Work Related) can you start doing Permitted Work straight away or do you have to wait for a certain amount of time before you can start doing PW....do you have to get written permission from DWP before you start doing Permitted Work or can you start the work first then inform them - the work will be approximately 10 hours per week. - Also can you still claim FULL Housing Benefit and Council Tax Benefit without the Permitted Work Salary affecting it - Many thanks in advance for advice that anyone can give me.

pmlindyloo

Poplar88 wrote: »

Hi All - I have a question about Permitted Work whilst receiving ESA Benefit - when you first get awarded ESA (Work Related) can you start doing Permitted Work straight away or do you have to wait for a certain amount of time before you can start doing PW....do you have to get written permission from DWP before you start doing Permitted Work or can you start the work first then inform them - the work will be approximately 10 hours per week. - Also can you still claim FULL Housing Benefit and Council Tax Benefit without the Permitted Work Salary affecting it - Many thanks in advance for advice that anyone can give me.

There is no waiting period until you can do Permitted Work.

I always advise to contact them when you have received a job offer so they can check you meet the criteria (Epitome says you can start and then inform them - I err on the side of caution!)

None of your other benefits will be affected as long as you continue to meet the criteria.

Read this link:

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/working-while-getting-esa/

Poplar88

Thank you so much for your very prompt reply - I have seen different requirements for being able to do permitted work - does the work have to be from a local government or hospital or the likes or can it be from any employer - again many thanks to you

pmlindyloo

Poplar88 wrote: »

Thank you so much for your very prompt reply - I have seen different requirements for being able to do permitted work - does the work have to be from a local government or hospital or the likes or can it be from any employer - again many thanks to you

It can be from any employer providing you meet the criteria.

Poplar88

Thank you.... The job will be travelling on a vehicle with children with disabilities to and from school. ..not driving but just escorting.. No physical work involved at all.. I would be employed by a local Taxi Company who does these school runs but I was worried incase they take the attitude 'if you can do some part time work then you shouldn't be on ESA'.....so stressful being on Benefits isn't it !! -, Thank you again for your help

poppy12345

Poplar88 wrote: »

Thank you.... The job will be travelling on a vehicle with children with disabilities to and from school. ..not driving but just escorting.. No physical work involved at all.. I would be employed by a local Taxi Company who does these school runs but I was worried incase they take the attitude 'if you can do some part time work then you shouldn't be on ESA'.....so stressful being on Benefits isn't it !! -, Thank you again for your help

There shouldn't be any problems unless the work you do contradicts the reason why you claim ESA.