ES Guide 39 (Hansard, 26 July 1993)

§ Mr. Michael Forsyth

Responsibility for the subject of the question has been delegated to the Employment Service agency under its chief executive. I have asked him to arrange for a reply to be given.

Letter from M. E. G. Fogden to Mr. John Spellar, dated 26 July 1993: As the Employment Service is an Executive Agency, the Secretary of State has asked me to write to you direct to respond to your Parliamentary Question to him about ES Guide 39. This is something which falls within the responsibilities delegated to me as Chief executive of the Agency. ES Guide 39 was issued in January 1993 and replaced the New Client Adviser Guide and the Claimant Adviser Handbook. The guidance contained in Section V paragraphs V16 and V17, and the letters in Appendices V3 and V4, have been taken directly from the Claimant Adviser Handbook. I enclose copies of the guidance previously contained in the Claimant Adviser Handbook and that in ES Guide 39 for your information. I hope this is helpful.

As decided by the Administration Committee of the House of Commons, Chief Executive replies to written Parliamentary Questions will now be published in the Official Report. I will also place a copy of this letter in the Library of the House.

Employment Service I

Claimant Adviser Handbook

Current claim—no medical evidence

I16 If the claimant has an established claim to benefit and states during the interview that they:

a have recently been disallowed sickness or invalidity benefit, and
b wish to appeal against the DSS AO's disallowance, and
c their doctor is not issuing sickness certificates, and
d their medical condition has significantly deteriorated since they last visited their doctor; or
e are not capable of undertaking work; and
f have not seen their doctor;

the claimant should be asked to seek their doctor's advice about their capacity to work. The following action should then be taken.

I17 if the claimant agrees to see their doctor the claimant adviser should complete and give them a copy of the letter in Appendix I3. A copy of this letter should be sent with a letter to the doctor(Appendix I4) to explain the reason for the claimant's visit This procedure should prevent confusion between the claimant, the doctor and the claimant adviser about why the claimant is seeking their doctor's advice about their capacity for work. It must be made clear to the claimant that they are seeking their doctor's advice on their own behalf and not on behalf of the claimant adviser or the Employment Service.

Employment Service

Appendix 14

Claimant Adviser Handbook

(Para I 17)

Letter to GP Explaining Advice that has been given to Claimant by Claimant Adviser

Claimant Adviser Service

The Employment Service

Employment Department

Date

I am the claimant Adviser at……… benefit office; part of the Employment Service. I give advice to unemployed people to help them find suitable work and provide information about the benefits which they may receive. I also have to ensure that people satisfy the conditions of entitlement for receiving Unemployment Benefit, Income Support and/or credits of NI. One of the main conditions laid down in the Social Security Act 1975 is that the client must be capable of taking up suitable work.

When I interviewed your patient on………^*he/she informed me that they had health problems that prevents them undertaking any employment. In these circumstances I have had to suggest that ^*he/she should seek your advice about their fitness for employment.

If in your opinion ^*he/she is incapable of all work then you will no doubt advise your patient in accordance with your own clinical judgement.

Should you advise your patient that ^*he/she is capable of work then it will be necessary for them to see me again to reconsider their claim to unemployment benefit, income support and/or credits of NI.

Claimant Adviser

^*Cross out if it does not apply.

Employment Service

Appendix 13

Claimant Adviser Handbook

(Para I17)

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Letter to Claimant Suggesting Claimant Seeks Doctor's Advice

Claimant Adviser Service

The Employment Service

Employment Department

Date

When I saw you on………about your claim for unemployment benefit, you told me that you had a health problem which prevented you doing any work. This means that you do not seem to be capable of and available for work, which is one of the main rules for payment of unemployment benefit (Social Security Act 1975).

In these circumstances I had to suggest that you seek your doctor's advice about your fitness to work. Please take this letter with you if you decide to go to see your doctor.

^*I would like to see you again on………

at………

Claimant Adviser

^*Cross out if it does not apply.

Annex 1

ES Guide 39

Appendix V4

(para V17)

Letter to GP Explaining Advice Given to Client by Client Adviser

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The Employment Service

Employment Department

Date

I am the Client Adviser at………benefit office; part of the Employment Service. I give advice to unemployed people to help them find suitable work and provide information about the benefits which they may receive. I also have to ensure that people satisfy the conditions of entitlement for receiving Unemployment Benefit, Income Support and/or credits of NI. One of the main conditions laid down in the Social Security Act 1975 is that the client must be capable of taking up suitable work.

When I interviewed your patient on………^*he/she informed me that they had health problems that prevents them undertaking any employment. In these circumstances I have had to suggest that ∗he/she should seek your advice about their fitness for employment.

If in your opinion ^*he/she is incapable of all work then you will no doubt advise your patient in accordance with your own clinical judgement.

Client Adviser

^*Cross out the one which does not apply.

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Annex 2

ES Guide 39

Appendix V3

(para V17)

Letter to Client Suggesting they Seek GPs Advice

The Employment Service

Employment Department

Date

When I saw you on……… about your claim for unemployment benefit, you told me that you had a health problem which prevented you doing any work. This means that you do not seem to be capable of and available for work, which is one of the main rules for payment of unemployment benefit (Social Security Act 1975).

In these circumstances I had to suggest that you seek your doctor's advice about your fitness to work. Please take this letter with you if you decide to go to see your doctor.

^*I would like to see you again on………

at………

Client Adviser

^*Cross out if it does not apply.

Annex 3

ES Guide 39

Current claim—no medical evidence

V16 If the client has an established claim to benefit and states during an interview that they:

a have recently been disallowed Sickness or Invalidity Benefit, and
b wish to appeal against the DSS AO's disallowance, and
c their doctor is not issuing sickness certificates, and
d their medical condition has significantly deteriorated since they last visited their doctor or
e are not capable of undertaking work; and
f have not seen their doctor;

ask them to seek their doctor's advice about their capacity to work.

V17 If the client agrees to see their doctor, complete and give them a copy of the letter in Appendix V3. Write to the GP using the letter in Appendix V4 explaining the reason for the client's visit, enclosing a copy of the letter issued to the client to avoid confusion between the client and the doctor as to why medical advice is being sought about their capacity for work. Make sure the client knows they are seeking medical advice on their own behalf, not on behalf of you or the ES.

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