Good reason for returning ESA50 late.

oh_really

Hi all, I'd appreciate folks thoughts on above.(this is for a third party).

The following has happened with astonishing speed, an online claim for ESA was made at https://send-fit-note.service.gov.uk/device?lang=en, week before last and on Fri 19/06 a payment was made into bank account. On Monday 22/06, a letter dropped on the door mat inviting the claimant to complete ESA50 documentation containing a return before date. Now as we are still socially distancing and I've been unable to meet up face to face, I have downloaded the ESA50 document and started to complete this in advance (can this be printed and sent or does it have to be the hard copy the DWP sent out).

There is probably upwards of 80% of the document completed, the issue is due to covid he seems unable to obtain assistance from council welfare team or CA for face to face. If push comes to shove, I'm fairly confident of completing the document on his behalf but I'd be more content having an up to date professional cast an eye over it. Would the (un) availability of assistance by considered a good reason for being late with form?

Another question, my son is a social worker and knows the situation fairly well, would it be worthwhile getting him to provide a supporting statement (he has no professional involvement in the case).

I'll try and answer any questions arising as best I can.

NedS

Give them a ring and advise them of the circumstances and that you would like to request more time to complete and return the form. Communication is key in these situations.

oh_really

I can't help but think their haste so far may point to an element of inflexibity towards extending timescales.

I might give the council a call to enquire about the possibility of sending the pdf to their team for input. 

Thanks.

poppy12345

There's one difference between the PIP form and the work capability assessment form and that is they are very strict on times for returning them. There's no extension of time for these, unless DWP have a marker on file that you're claiming for mental health reasons. Good reason for not returning it on time maybe accepted but there's no guarantee.

I received my WCA form just before lockdown was announced. I rang DWP to ask for an extension due to current conditions and i was told that it must be returned on time, so i did.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/form-is-late/

My advice is to return it no later than the date on the letter.

Spoonie_Turtle

In case you haven't seen it, https://wcainfo.net/ has pretty up-to-date case law which may be of use if there are areas you're not quite sure of

oh_really

Further advice appreciated.

He applied for a part time job with his local council (14hrs over 2 days), not thinking for a moment he would get it, job offer has duly arrived.

What happens with ESA claim, does it not fall, does he contact them to close it or something else?

This post is very light and involves no traveling or manual handling.

Tia

Btw he applied for this long before was claim was made but due to covid the process  ground to a halt.

poppy12345

Permitted work is possible but he mustn't earn anymore than £140 per week after deductions and work under 16 hours per week.

https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

He will need to fill out a PW1 form for this.

Do be aware though that if the work he does contradicts the reasons why he's claiming ESA then this can go against him once the work capability assessment decision is made.

oh_really

The work is very light and doesn't contradict esa50 

He will earn more than £140 as it's prorat'd for whole time equivalent of ~k40.

So when he actually takes up post should he call and  close the esa claim down?

If it turns out he is unable to manage can the process  be picked up from this point or does he start over?

poppy12345

Once he starts work he will need to report the changes and his claim will end. I'm unsure whether a rapid reclaim can still be made, i know you used to be able to do that. Others will know more, i'm sure.

calcotti

I think he would need to make a new claim. However if the new claim is within 12 weeks of the old one closing the Period of Incapacity for Work will, I think, be linked and therefore time already on ESA would count towards the 13 week assessment period.

oh_really

Can someone walkthrough the following letter. (he has been awarded ESA without medical and placed in the support group).
We have looked at your claim again following a recent change (there has been no change only a claim for ESA, slightly confusing).
From 1/08/2020 ESA will be £74.35
From 2/08/2020 ESA will be £113.55
Extra money due to SG  £39.20
Total £113.55
The amounts apply from08/8/2020 until December 2020
Do these amounts appear correct.
What happens after Dec 2020, he has savings in excess of £16k. I/m guessing he keeps an underlying entitlement to ESA but will get no actual money, is this correct?

Tia