Sun, 27/06/2010 - 4:28am
Dear Sir or Madam,
1)Could you please provide with a copy of the legislation and delegated authority that gives effect to the handling, acceptance
and rejection of applications for Employment Support Allowance by individuals.
2)Could you also provide details of how a medical examination and opinion of an individuals health, performed by a Doctor (or other medically qualified person) working on behalf of your department(or your agents)takes precedent over the medical examination and opinion of an applicants own General Practitioner or Consultant?
To assist you in locating and providing the correct information I am trying to understand the purpose of NHS General Practitioners 'MED 1' certificate when claiming a benefit such as ESA if the medical 'evidence' of that General Practitioner is discounted, ignored or contradicts the examination of the individual by your department's own medical examination staff or agents.
http://www.whatdotheyknow.com/request/employment_support_allowance_esa#i...
PDF version
Tue, 29/06/2010 - 10:33am
#2
DWP Decision Makers' Guide
The current amendment package is February 2010 which affected Volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 & 14.
The DMG will next be amended in June 2010 and thereafter every four months.
The actual amendment packages are also available electronically. These consist of a covering sheet giving details of the changes and the Chapters affected, plus the amended pages. These packages, which are in Adobe Acrobat format, are designed for printing and incorporation into your hard copy. Blank pages have been inserted into the packages to assist with double-sided printing.
Contents
- Volume 1 – Decision Making and Appeals
- Volume 2 – International Subjects
- Volume 3 – Subjects Common to all Benefits
- Volume 4 – Jobseeker's Allowance and Income Support
- Volume 5 – Jobseeker's Allowance and Income Support
- Volume 6 – Jobseeker's Allowance and Income Support
- Volume 7 – Jobseeker's Allowance and Income Support
- Volume 8 – Employment and Support Allowance
- Volume 9 – Employment and Support Allowance
- Volume 10 – Benefits for Incapacity, Disability, Maternity and Bereavement
- Volume 11 – Industrial Injuries Benefits
- Volume 12 – Widow's Benefit and Retirement Pension
- Volume 13 – State Pension Credit
- Volume 14 – State Pension Credit
What's new
Do you need to know quickly when we have updated our publications? We have a mailing list which we use to inform interested parties when any of our publications (Decisions of the Commissioner, Decision Makers Guide, The Law Volumes and Neligan's Digest) have been updated. If you are interested in joining this mailing list, please send us details of your e-mail address.
24/06/10 - Memo DMG 33/10: New EU Legislation - Regulation (EC) 883/04 (87KB) 
08/06/10 - Memo DMG 32/10: New EU Legislation - Regulation (EC) 883/04 (30KB)
Letters and Memos
DMA General Bulletins
There are currently no live DMA Bulletins
DMG Memos 2007 onwards
-
01/07: Jobseeker's Allowance and Income Support - Tax Credits, Changes From December 2006 (10KB)
-
14/08: Export of AA, DLA (Care Component), and CA - Claimants moving to other EEA Member States or Switzerland (48KB)
-
18/08: JSA and IS - In Work Credit Pilots (16KB)
-
23/08: SPC - Setting a new Assessed Income Period - Rapid Review (17KB)
-
26/08: Obtaining Legal Advice and Guidance from DMA Leeds (15KB)
-
47/08: Jobseeker's Allowance and Income Support - Tax Credits, Changes (KB)
-
09/09: Miscellaneous Changes to the Income-Related Benefits - April 2009 (35KB)
-
12/09: ESA, IB and IS - Further Transitional Issues (30KB)
-
15/09: Changes in Manner of Payment - Transitional and Adjusting
Payments (20KB) -
17/09: Export Of AA, DLA (Care Component) And CA – Claims From Other European Economic Area (63KB)
-
21/09: Housing Costs - Leasehold Major Works (45KB)
-
30/09: Continuing Entitlement to IS: Persons Incapable of Work (30KB)
-
31/09: Changes to Retirement Pension from 6.4.10 - Consequential Amendments (34KB)
-
33/09: Social Fund Cold Weather Payments - Changes from 1.11.09 (30KB)
-
37/09 Miscellaneous Changes to the Income Related Benefits - October 2009 - Deemed Income from Capital -
SPC (65KB) -
38/09 Flexible New Deal - Re-Engagement following a Sanction (15KB)
-
39/09 DMG General Memo (15KB)
-
40/09 Changes To Retirement Pension From 6.4.10 (80KB)
-
41/09 Continuing Entitlement to IS: Persons Incapable of Work (15KB)
-
42/09: Income Support - Prescribed Categories Of Person (18KB)
-
43/09: JSA, ESA and SPC - Housing Costs Special Arrangements (67 KB)
-
1/10: IS/JSA/ESA - Abolition of Urgent Case and Disabled Worker Payments (20KB)
-
2/10: ESA Award ends before WCA (15KB)
-
03/10: Written Communication - Sufficient to Constitute a Claim for Benefit (20KB)
-
04/10: Credits for Parents and Carers (25KB)
-
05/10: Weekly Rate of WMA, WP, WPA and BA (10KB)
-
06/10: Claims and Payments - Date of Payment and Pay Days - RP and SPC (100KB)
-
07/10: ESA awarded following ESA appeal (40KB)
-
08/10: The Full Disregard of Child Maintenance and Treatment of Liable Relative Payments - JSA, IS and ESA (30KB)
-
09/10: Maximum Additional Pension (10KB)
-
10/10: Citing Upper Tribunal Decisions in Appeal Responses (60KB)
-
11/10: General Memo (15KB)
-
12/10: IS/JSA - Breach of Community Sentence (35KB)
-
13/10: Attendance of Presenting Officers at First-Tier Tribunal Hearings (25KB)
-
14/10: MA and CA – Abolition of Adult Dependency Increases (15KB)
-
15/10: Applications for Credits for Parents and Carers (10KB)
-
16/10: ESA and Incapacity for Work Appeal (30KB)
-
17/10: Work-Focused Interviews - Equalisation of State Pension Age (13KB)
-
18/10: Miscellaneous Changes to Regulations - April 2010 (25KB)
-
19/10: Rates for Income Tax, IS/JSA/ESA/SPC Benefit Rates and Social Security Contributions from April 2010 (20KB)
-
20/10: Restrictions on Payment of Benefit - Benefit Offences (50KB)
-
21/10: Sanctions for Failure to Attend - JSA (30KB)
-
22/10: Miscellaneous Changes to the Income Related Benefits - April 2010 (40KB)
-
23/10: JSA, Lone Parents and Availability for Work during School Hours (25KB)
-
24/10: Changes to the Social Security Benefit (Persons Abroad) Regulations from 6.4.10 (15KB)
-
25/10: Alternative Means of Notifying Changes of Circumstances and the Effect on Overpayment Decision Making (20KB)
-
26/10: Claims and Payments - Support for Mortgage Interest Excess Payments (45KB)
-
27/10: JSA and Community Task Force Sanctions (35KB)
-
28/10: Revised Advice - Export of AA, DLA (Care Component), and CA - Re-Instatement Cases (40KB)
-
29/10: JSA and Skills Training Conditionality Pilot (30KB)
-
30/10: Right to Reside - Parent and Primary Carer of a Child in Education (25KB)
-
31/10: Single Status Payments - IS, JSA, ESA(IR) (85KB)
-
32/10: New EU Legislation - Regulation (EC) 883/04 (30KB)
-
33/10: IFW, IB, SDA And ESA: SS (Miscellaneous Amendments) (No3) Regulations 2010 (87KB)
Pre-2007 DMG memos - JSA/IS
-
06 Payment restrictions - due to a breach of a Community Sentence (28KB)
-
44 Jobseekers Allowance and Income Support - New Tax Credits - Miscellaneous Amendments (25KB)
-
64 Jobseeker's Allowance and Income Support - Tax Credit - Change From April 2004 (78KB)
-
96 Jobseekers Allowance & Income Support - Tax Credits, Changes from April 2005 (65KB)
-
106 Jobseekers Allowance and Income Support - Tax Credits, Changes from September 2005 (14KB)
Pre-2007 DMG memos - SPC
Abbreviations
-
Abbreviations (34KB)
Statutes
-
Statues (21KB)
Statutory Instruments
-
Statutory Instruments (33KB)
Volume 1 – Decision Making and Appeals
-
Chapter 01 – Principles of decision making and evidence (214KB)
-
Chapter 02 – Claims and applications (387KB)
-
Chapter 03 – Revision (167KB)
-
Chapter 04 – Supersession, suspension and termination (349KB)
-
Chapter 05 – Work-focused interviews (505KB)
-
Chapter 06 – Making appeals and staying (282KB)
-
Volume 1 – Annexes A–M (105KB)
Amendments
-
Amendment 30 – February 2009 (850KB)
-
Amendment 31 – June 2009 (840KB)
-
Amendment 32 – October 2009 (270KB)
-
Amendment 33 – February 2010 (300KB)
Volume 2 – International Subjects
Chapter 7
-
Part 1 Common Subjects [070000 - 070899] (321KB)
-
Part 2 AA/DLA/CA to Dependency Increases [070900 - 071179] (81KB)
-
Part 3 Habitual Residence & Right to Reside IS/JSA/SPC[071180 - 071379] (107KB)
-
Part 4 Incapacity Benefit to Industrial Injuries Benefit[071380 - 072129] (256KB)
-
Part 5 JSA to Retirement Pension[072130 - 072959] (328KB)
-
Part 6 SDA, SPC, WB/Bereavement Benefit and Winter Fuel Payments [072960 - 073259] (123KB)
-
Part 7 Offshore Workers & Her Majesty's Forces[073260 - 079999] (52KB)
-
Annex 1 (392KB)
-
Annex 2 (130KB)
-
Annex 3 (158KB)
Amendments
-
Amendment 17 – February 2009 (140KB)
-
Amendment 18 – June 2009 (390KB)
-
Amendment 19 – October 2009 (390KB)
-
Amendment 20 – February 2010 (90KB)
Volume 3 – Subjects Common to all Benefits
-
Chapter 08 – Payment of benefit/Deductions from benefit (142KB)
-
Chapter 09 – Overpayments, offsets and recoverability (389KB)
-
Chapter 10 – Evidence of age, marriage and death (371KB)
-
Chapter 11 – Living together as husband and wife or as civil partners (88KB)
-
Chapter 12 – Imprisonment (57KB)
-
Chapter 13 – Incapacity for work (258KB)
-
Chapter 14 – Welfare to Work (221KB)
-
Chapter 15 – Earnings (540KB)
-
Chapter 16 – Dependency increases (333KB)
-
Chapter 17 – Overlapping benefits (133KB)
-
Chapter 18 – Hospital In-Patients (100KB)
- Chapter 19 – This chapter is spare
Amendments
-
Amendment 29 – February 2009 (400KB)
-
Amendment 30 – June 2009 (550KB)
-
Amendment 31 – October 2009 (600KB)
-
Amendment 32 v February 2010 (600KB)
Volume 4 – Jobseeker's Allowance and Income Support
-
Chapter 20 – JSA and IS - conditions of entitlement (528KB)
-
Chapter 21 – JSA - Labour market questions (647KB)
-
Chapter 22 – Membership of the family (80KB)
-
Chapter 23 – Normal amount payable (595KB)
-
Chapter 24 – Special cases (734KB)
Amendments
-
Amendment 27 – February 2009 (600KB)
-
Amendment 28 – June 2009 (720KB)
-
Amendment 29 – October 2009 (330KB)
-
Amendment 30 v February 2010 (520KB)
Volume 5 – Jobseeker's Allowance and Income Support
-
Chapter 25 – General rules on income (89KB)
-
Chapter 26 – Employed earners (449KB)
-
Chapter 27 – Self-employed earners and share fishermen (404KB)
-
Chapter 28 – Income other than earnings (606KB)
-
Chapter 29 – Capital (568KB)
Amendments
-
Amendment 27 – February 2009 (780KB)
-
Amendment 28 – June 2009 (450KB)
-
Amendment 29 – October 2009 (330KB)
-
Amendment 30 – February 2010 (270KB)
Volume 6 – Jobseeker's Allowance and Income Support
-
Chapter 30 – Students, young claimants and their partners (458KB)
-
Chapter 31 – Urgent case payments (214KB)
-
Chapter 32 – Trade disputes (238KB)
-
Chapter 33 – Payment questions (367KB)
-
Chapter 34 – Sanctions (606KB)
-
Chapter 35 – Hardship (390KB)
Amendments
-
Amendment 27 – February 2009 (600KB)
-
Amendment 28 – June 2009 (460KB)
-
Amendment 29 – October 2009 (506KB)
-
Amendment 30 – February 2010 (506KB)
Volume 7 – Jobseeker's Allowance and Income Support
-
Chapter 36 – Transitional protection from Supp B to IS and Supp B to IS to JSA(IB) (116KB)
-
Chapter 37 – Transitional protection from UB and IS to JSA (368KB)
- Chapter 38 – This chapter is spare
-
Chapter 39 – Social Fund payments (273KB)
-
Chapter 40 – Child maintenance bonus (151KB)
Amendments
-
Amendment 25 – February 2009 (160KB)
-
Amendment 26 – June 2009 (160KB)
-
Amendment 27 – October 2009 (275KB)
-
Amendment 27a – February 2010 (60KB)
Volume 8 – Employment and Support Allowance
-
Chapter 41 – ESA conditions of entitlement (316KB)
-
Chapter 42 – Limited Capability for Work and Limited Capability for Work-Related Activity (201KB)
-
Chapter 43 – Membership of the household (84KB)
-
Chapter 44 – Normal amount payable & Components (611KB)
-
Chapter 45 – Advance awards of ESA(IR), transitional issues and migration (41KB)
-
Chapter 46 – ESA - Payment questions (305KB)
- Chapter 47 – This Chapter is spare
Amendments
-
Volume 8 – Consolidated version (contains all amendments up to and including June 2009) (1.5MB)
-
Amendment 1 – February 2009 (240KB)
-
Amendment 2 – June 2009 (170KB)
-
Amendment 3 – October 2009 (100KB)
-
Amendment 4 – February 2010 (410KB)
Volume 9 – Employment and Support Allowance
-
Chapter 48 – General rules on income (80KB)
-
Chapter 49 – Earnings of employed earners (644KB)
-
Chapter 50 – Self-employed earners (180KB)
-
Chapter 51 – Income other than earnings (604KB)
-
Chapter 52 – Capital (413KB)
-
Chapter 53 – WFHRA, WfI and Disqualification (82KB)
-
Chapter 54 – Special cases & Urgent Case Payments (130KB)
Amendments
-
Volume 9 – Consolidated version (contains all amendments up to and including June 2009) (1.8MB)
-
Amendment 1 - February 2009 (350KB)
-
Amendment 2 - June 2009 (400KB)
-
Amendment 3 - October 2009 (320KB)
-
Amendment 4 - February 2010 (240KB)
Volume 10 – Benefits for Incapacity, Disability, Maternity and Bereavement
-
Chapter 55 – Transitional provisions or the introduction of Incapacity Benefit (81KB)
-
Chapter 56 – Incapacity benefit (168KB)
-
Chapter 57 – Severe Disablement Allowance (103KB)
-
Chapter 58 – Widows Benefits (68KB)
- Chapter 59 – This chapter is spare
-
Chapter 60 – Carer’s Allowance (74KB)
-
Chapter 61 – Attendance Allowance and Disability Living Allowance (398KB)
-
Chapter 62 – Maternity benefits (79KB)
-
Chapter 63 – Bereavement Benefit (48KB)
Amendments
-
Amendment 24 - February 2009 (230KB)
-
Amendment 25 - June 2009 (210KB)
-
Amendment 26 - October 2009 (140KB)
-
Amendment 27 - February 2010 (300KB)
Volume 11 – Industrial Injuries Benefits
-
Chapter 64 – Background to the Industrial Injuries Scheme (24KB)
- Chapter 65 – This chapter is spare
-
Chapter 66 – Industrial accidents (340KB)
-
Chapter 67 – Prescribed diseases (591KB)
- Chapter 68 – This chapter is spare
-
Chapter 69 – Disablement Benefits (189KB)
- Chapter 70 – This chapter is spare
-
Chapter 71 – Reduced earnings allowance (450KB)
-
Chapter 72 – Unemployability Supplement (49KB)
-
Chapter 73 – Old cases (188KB)
Amendments
-
Amendment 20 – February 2009 (280KB)
-
Amendment 21 – June 2009 (370KB)
-
Amendment 22 – October 2009 (220KB)
-
Amendment 23 – February 2010 (420KB)
Volume 12 – Widow's Benefit and Retirement Pension
- Chapter 74 – This chapter is spare
-
Chapter 75 – Retirement Pension (368KB)
-
Chapter 76 – Forfeiture Act 1982 (29KB)
Amendments
-
Amendment 16 – February 2009 (110KB)
-
Amendment 17 – June 2009 (150KB)
-
Amendment 18 – October 2009 (210KB)
-
Amendment 19 – February 2010 (190KB)
Volume 13 – State Pension Credit
-
Chapter 77 – Conditions of entitlement, membership of the household and normal amount payable (155KB)
-
Chapter 78 – State pension credit: additional amounts and special groups (643KB)
-
Chapter 79 – Payment questions (206KB)
-
Chapter 80 – Transitional provisions (38KB)
- Chapter 81 – This chapter is spare
- Chapter 82 – This chapter is spare
Amendments
-
Amendment 18 – February 2009 (160KB)
-
Amendment 19 – June 2009 (160KB)
-
Amendment 20 – October 2009 (70KB)
-
Amendment 21 – February 2010 (140KB)
Volume 14 – State Pension Credit
-
Chapter 83 – Assessed income periods (78KB)
-
Chapter 84 – Deemed weekly income from capital (275KB)
-
Chapter 85 – Income other than earnings (206KB)
-
Chapter 86 – Earnings (311KB)
Amendments
-
Amendment 18 – February 2009 (140KB)
-
Amendment 19 – June 2009 (410KB)
-
Amendment 20 – October 2009 (150KB)
-
Amendment 21 – February 2010 (210KB)
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/
Tue, 29/06/2010 - 10:34am
#3
The Disability Handbook - DWP
This is a handbook for DLA and AA decision makers. It explains the care needs and mobility requirements likely to arise from various disabilities and chronic illnesses.
-
The Disability Handbook (full version, 676KB, 275 pages)
Chapter by chapter
- Cover page
- Introduction
- Preface
- Contents page
- Chapter 1 – Introduction to the first edition
- Chapter 2 – Presentation of Disability
- Chapter 3 – The effects of ageing
- Chapter 4 – Falling
- Chapter 5 – Paralysis
- Chapter 6 – Arthritis, Rheumatism, Musculo–Skeletal and Rheumatological disorders
- Chapter 7 – The painful Back
- Chapter 8 – The painful Neck
- Chapter 9 – Amputation of limbs
- Chapter 10 – Visual and Hearing impairment
- Chapter 11 – Cardiac and Respiratory conditions
- Chapter 12 – Cerebrovascular disease
- Chapter 13 – Peripheral Vascular disease
- Chapter 14 – Epilepsy
- Chapter 15 – Certain Neurological disorders
- Chapter 16 – The Chronic Fatigue Syndrome
- Chapter 17 – Diabetes Mellitus in adults
- Chapter 18 – Spinal injury
- Chapter 19 – Mental health problems
- Chapter 20 – Learning disabilities
- Chapter 21 – Dementia
- Chapter 22 – Alcohol and Drugs; Abuse and Dependency
- Chapter 23 – Eating disorders
- Chapter 24 – Renal Dialysis
- Chapter 25 – Bowel diseases and disorders
- Chapter 26 – Total Parenteral Nutrition
- Chapter 27 – Disorders of Blood and Blood clotting
- Chapter 28 – Systemic Lupus Erythematosis
- Chapter 29 – Multiple Allergy Syndromes
- Chapter 30 – Skin disease
- Chapter 31 – Incontinence
- Chapter 32 – Human Immunodeficiency Virus [HIV] and Acquired Immune Deficiency Syndrome [AIDS].
- Chapter 33 – Normal Development and Disability in children
- Chapter 34 – Seizure disorders in children
- Chapter 35 – Children with Mental Retardation / Learning disabilities
- Chapter 36 – Behaviour Disorder and Attention Deficit Disorder
- Chapter 37 – Autism and Asperger's Syndrome
- Chapter 38 – Speech and Language Disorders
- Chapter 39 – Blindness and deafness in children
- Chapter 40 – Cerebral Palsies in Children
- Chapter 41 – Cerebral Palsies in Adults
- Chapter 42 – Diabetes Mellitus in Children
- Chapter 43 – Metabolic Disorders in Children
- Chapter 44 – Cystic Fibrosis
- Chapter 45 – Asthma in Children
- Chapter 46 – Arthritis and Musculo–Skeletal conditions in Children
- Chapter 47 – Disorders of Blood clotting in Children
- Chapter 48 – Thalassaemia and Sickle Cell Anaemia
- Chapter 49 – Skin Disease in Children
- Chapter 50 – Malignant Disease (Cancer)
- Chapter 51 – Further evidence and advice
- Chapter 52 – Brain Injury
- Glossary of Terms
- Normal development in children
Amended June 2008
http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/...
Tue, 29/06/2010 - 12:06pm
#4
The WFTC/DPTC Decision Maker's Guide (DMG)
The WFTC/DPTC Decision Maker’s Guide (DMG) is written primarily for all those decision makers who deal with the daily flow of applications, enquiries, questions and appeals relating to Working Families’ Tax Credit (WFTC) and Disabled Person’s Tax Credit (DPTC).
We do however hope it will be of help to anyone who is interested in tax credits. The guide replaces Volume 8 of the Adjudication Officer’s Guide and takes account of the changes brought about by the introduction of WFTC/DPTC tax credits and Decision Making and Appeals (DMA), and replaces Volume 8 of the old Adjudication Officer’s Guide.
Anyone using the guide, however, should bear in mind that although it has the special experience and skills of the staff of the Tax Credit Office(TCO) Guidance Team behind it, it is not a substitute for the statutes and regulations. Furthermore, at the moment whilst the guide only includes references to current legislation enacted at the time of writing it is not a substitute for the statutes and regulations, and. therefore, it should not be quoted as authority before any tribunal or court.
DWP ESA Cases
This page provides links to other websites where individual cases have been published. This shows that my experience is far from unique. These cases may provide more background information to support your case. I have found these websites because an individual contributor has added a link to this website in their contribution.
There is a wonderful, considerate group of individuals who work hard in bringing the injustice caused by the way Atos Origin has implemented the Welfare Reform Act. I am pleased that they sometimes mention this website to highlight the failings. You people are the best.
At this stage I am not describing cases where the individual has contacted me directly. There are some horror stories especially concerning the Service Personnel and Veterans Agency. I would like to pay tribute to the wonderful lady who is fighting for justice in this area.
I would also like to pay tribute to the young lady hopefully going on to University next year, who battled for a number of years a difficult medical condition. She found a job. The job needed a medical. Atos said she was not fit for the job. She applied for ESA and Atos said she was fit for work. She is fighting this stupidity and injustice. This is not the stress we should be placing on our young people especially when she is still recovering from dealing with a severe medical condition.
For more information http://www.whywaitforever.com/dwpatoscases.html