I joined a site last week for help filling out my new ESA50. What I did find was some very interesting laws. But I don't take much notice of things on forums unless I can find the government paperwork/pdf's to back it up.
this was the first one I found from an FOI request.
In answer to Q 1 the revised Work Capability Assessment (WCA) Handbook Employment and
Support Allowance (ESA) (LCW/LCWRA) Amendment Regulations 2011 is the guidance used
by HCPs who are approved by the DWP Chief Medical Adviser (CMA) to undertake ESA
In reply to Q 2 the WCA Handbook ESA (LCW/LCWRA) Amendment Regulations 2011 has
been reviewed and was re-issued on 4 October 2011. Page 37 no longer makes reference to the guidance you have requested clarification upon. This advice can now be found on page 40
where it states in bold that “Any evidence bought by the claimant must be read and the
report should make reference to the evidence that has been considered and justification
provided if there is a conflict between the opinion of the HCP and the other medical evidence.
Any evidence brought by the claimant, should be copied for the Decision Maker (see section
4.2.5 for further guidance).” Pages 134 & 135 of the handbook also provide guidance for the
HCP to follow in circumstances where claimants provide further medical evidence at the
the second one was this.
Fraud Act 2006
2 Fraud by false representation
(1)(ii)A person is in breach of this section if he causes loss to
another or to expose another to a risk of loss.
(2)(a) A representation is false if it is untrue or misleading, or
(b) the person making it knows that it is, or might be, untrue or
12 Liability of company officers for offences by company
(2)(a) If the offence is proved to have been committed with the
consent or connivance of a director, manager, secretary or other
similar officer he is guilty of the offence and liable to be
proceeded against and punished accordingly.
The aforementioned employee/s can also be held financially
accountable for any other loss of benefit that accompanies the
original benefit ie. Severe Disability or Council Tax Rebate.
This is an English Law, however, it extends to Scotland on the
ground that even though DWP employees are based in Scotland, their
headquarters are in England.
It does make you think that the trouble you could cause knowing this information.
So at the medical, drop a few copies of the letters you have on the HCP's table