Thank you to a contributor for managing to get their local MP, Caroline Lucas to ask this question.

from Hansard

Work Capability Assessment: Illnesses

Caroline Lucas: To ask the Secretary of State for Work and Pensions pursuant to the answer of 19 July

7 Sep 2011 : Column 682W

2011,

Official Report

, column 856W,

on work capability assessment: illnesses, whether there are circumstances in which those in receipt of incapacity benefit who have a terminal illness may be sent an ESA50 form to complete as part of the migration process to employment and support allowance. [70240]

Chris Grayling: Individuals who are diagnosed with a progressive disease, where death is a likely consequence of that disease and where this is reasonably expected within six months, will be treated as having limited capability for work and limited capability for work related activity. At any point in the incapacity benefits reassessment process, where there is sufficient evidence that an individual is terminally ill as defined, they will placed in the support group and no further related information requested. However, cases are dealt with on a case by case basis, dependant on available evidence, and so a guarantee cannot be provided that an ESA50 will not be sent to the claimant in every case where insufficient information is available.

It should also be noted that existing incapacity benefits (IB) claimants will have already been in receipt of benefit for a period in excess of two years and as such, unless their circumstances have changed during that time, are unlikely to be subject to the provision covering terminal illness within employment and support allowance.

Caroline Lucas is the Leader of The Green Party and MP for Brighton Pavillion

Chris Grayling is a Minister within the Department for Work & Pensions.