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ESA and PIP reassessments - rules on exemptions

Discussion in 'Work, Finances and Disability Insurance' started by Sly Saint, Aug 24, 2018.

  1. Sly Saint

    Sly Saint Senior Member (Voting Rights)

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    "
    BRIEFING PAPER
    Number 07820, 13 July 2018

    Since 29 September 2017, some Employment Support Allowance claimants with the most severe health conditions and disabilities have been exempt from future reassessments.

    On 18 June 2018 the Government announced that an equivalent exemption from reassessment would be introduced for Personal Independence Payment claimants on the highest level of support - where their needs are expected to stay the same."

    "
    1.1 Criteria for “switching off” ESA reassessments

    On 29 September 2017, the DWP announced that ESA claimants in the Support Group and Universal Credit claimants with limited capability for work and work-related activity (LCWRA), attending a Work Capability Assessment will no longer need to be reassessed if they:
    • have a severe, lifelong disability, illness or health condition
    • are unlikely to ever be able to move into work
    Claimants will be told if they will not be reassessed following their WCA."

    "
    DWP Severe Conditions Guidance for healthcare professionals (HCPs)6 states that to avoid a reassessment, claimants will have to satisfy, all four of the following:

    1. the level of function will always meet LCWRA criteria;
    2. the condition will always be present (some lifelong conditions are present from birth, but others will develop or be acquired later in life);
    3. no realistic prospect of recovery of function (with advice on this being based on currently available treatment and not on the prospect of scientists discovering a cure in the future);
    4. unambiguous condition (following all relevant clinical investigations a recognised medical diagnosis has been made).7
    If all the above four criteria and any of the LCWRA criteria are met, the HCP is to advise the decision maker that the claimant has a severe condition and has LCWRA."

    ESA and PIP reassessments - Parliament UK

    Severe Conditions guidance is here:

     
  2. Wonko

    Wonko Senior Member (Voting Rights)

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    So

    4. unambiguous condition (following all relevant clinical investigations a recognised medical diagnosis has been made).

    would bar anyone with ME from exemption :grumpy:
     
    Invisible Woman likes this.
  3. Sly Saint

    Sly Saint Senior Member (Voting Rights)

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    "The Department of Health officially recognises ME/CFS to be a ‘debilitating and distressing condition’ and more recently ‘recognises CFS/ME as a neurological condition of unknown origin’."
    https://www.meassociation.org.uk/about/

    that's the theory anyway;) but in practice...hm
     
  4. adambeyoncelowe

    adambeyoncelowe Senior Member (Voting Rights)

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    I think that the problem is diagnosis. ME may be recognised by them 'unambiguously', but diagnosis is much more ambiguous, so there's leeway for them to argue a particular illness isn't unambiguous.
     
    Esther12, Invisible Woman and Wonko like this.

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