Further erosion of human rights: The Employment and Support Allowance Regulations 2008

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Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Caker on Mon May 22, 2017 3:04 pm

link originally posted by Absolut:
http://www.legislation.gov.uk/uksi/2008/794/regulation/157/made

(b)  fails without good cause to attend for or submit to medical or other treatment (excluding vaccination, inoculation or major surgery) recommended by a doctor with whom, or a hospital or similar institution with which, the claimant is undergoing medical treatment, which would be likely to remove the limitation on the claimant’s capability for work;


(c)  fails without good cause to refrain from behaviour calculated to retard the claimant’s recovery.

I am concerned about the content of the act. My concerns are that the act appears to remove the rights of claimants to withhold consent to medical intervention, under threat of sanction. This means that claimants may potentially be 'consenting' to medical treatment under duress. This is not only of concern for claimants, but for the medical establishment as well. Clinicians may find themselves in the position of treating patients who have not provided informed consent to a particular treatment / may actually wish to withhold consent.

The above is in stark contrast to the rights of other citizens, who are at liberty to withhold / withdraw consent to any medical intervention.

One rule for claimants and a different one for everyone else. affraid
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Absolut on Mon May 22, 2017 4:13 pm

Mrs McGuire: The GP will determine the medical advice, although it will be an issue for Jobcentre Plus advisers to decide about whether there is good cause to disregard that advice.

Yet the DWP routinely ignore claimant's GPs when the advice is in the claimant's favour.
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Admin on Mon May 22, 2017 4:35 pm

I presume it might also affect the psychological side of where a claimant can be forced to use at there whim as well
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Absolut on Tue May 23, 2017 11:43 am

Indeed, it looks like the sort of clause that was included with CBT in mind, hence the "non-invasive" invective used by Mrs McGuire.
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Mary_FV on Tue May 23, 2017 1:56 pm

From what I have read across the net this particular regulation does not appear to be actively enforced:

Move from..
Re: JSA to ESA
Post by Mary_FV Today at 9:55 am

Interesting threads...

https://www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=96780

https://www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=103063
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

Post by Absolut on Tue May 23, 2017 2:19 pm

From the top link:
However, in over three years of moderating I have never seen a case of this regulation being applied, on this forum or any other.

I haven't seen it applied either. I have seen the "away from home" part of the regulation applied though.
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Re: Further erosion of human rights: The Employment and Support Allowance Regulations 2008

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