Section 29b Exemption

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NeuralgicNeurotic

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Section 29b Exemption

  • on: 22 Jan 2013 08:53PM
Hi

I've been trying to get hold of my GP to discuss the possibility of a Section 29b Exemption (Support Group), as I think it's pretty safe to say that there is a very significant threat to my mental health should I be found fit for work or shoved into the WRAG.

The problem is, that I have to post the blasted ESA50 tomorrow to ensure it arrives in time for the deadline.

Have I missed the boat on this one entirely? 

KizzyKazaer

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Re: Section 29b Exemption

  • on: 22 Jan 2013 09:02PM
I don't think so, given that even if your form arrives on time, ATOS and the DWP between them will probably take up to 12 weeks to process it - send in your extra medical evidence when you have it with a covering note stating your name, NINO and the date you posted your ESA50.  That should be fine  >thumbsup<

NeuralgicNeurotic

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Re: Section 29b Exemption

  • on: 22 Jan 2013 09:12PM
Cheers, Kizzy. That takes the pressure off a bit. >thumbsup<

Minniehaha

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Re: Section 29b Exemption

  • on: 22 Jan 2013 10:10PM
NN,  Regulation 35 (2) is applicable in your case:

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.


A ruling under Regulation 29(b) would only exempt you from being found fit for work and you would be placed in the WRAG.

(b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.

It's very easy to confuse LCW with LCWRA!

I was placed in the WRAG following my latest assessment and I've asked JC+ for a reconsideration of the decision, having provided them with a letter from my GP using Regulation 35 (2).

Good luck!
« Last Edit: 22 Jan 2013 10:19PM by Minniehaha »

NeuralgicNeurotic

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Re: Section 29b Exemption

  • on: 23 Jan 2013 10:16AM
Thanks Miniehaha. There are risks for my physical condition as well, but they aren't life-threatening, just very, very painful. The whole thing is as confusing as anything.

seegee

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Re: Section 29b Exemption

  • on: 23 Jan 2013 11:22AM
Don't think they have to be life-threatening, NN - just a risk to your health will do, without a risk to life!
Surely a substantial risk to health could include anything pretty likely to make someone unwell enough to (further) impair daily function for more than a week or two?
If an expectation that you will seek work and receive JSA would very likely cause harm you should be assessed as due to ESA and placed in WRAG, but if an expectation that you will participate in some kind of work-readiness preparation would very likely cause harm you should be in the Support Group.
Talk to your GP (&/or specialist nurse/ psych) about this & see what they think; will they give you a letter outlining their view of your fitness for work/ fitness to participate in "work-related activity"? >hugs<

Minniehaha

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Re: Section 29b Exemption

  • on: 23 Jan 2013 11:46AM
You're welcome, NN.  Regulations 29 (b) and 35 (2) both apply to physical and mental health. 

Using Reg 29 (b) would qualify you for the WRAG and Reg 35 (2) for the Support Group.  It's important to know the difference, especially if you're using it in an appeal which could take several months, as I'm sure the rules would be applied most rigidly and you could end up back at square one in the WRAG when you were trying for the Support Group.

I really wish the term Limited 'Capability for Work-Related Activity' was changed as it causes so much confusion, being so similar to Limited Capability for Work.   Maybe it was meant to. >erm<

ATurtle

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Re: Section 29b Exemption

  • on: 23 Jan 2013 02:36PM
I wish they would stop using Abbreviations full stop.  It takes too long to type the damned word!  LOL

Why they have to use such confusing double talk in their regulations is the thing that annoys me, can't they use plain language?

"A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having" such a limitation if ... !

Makes it a lot clearer and easier to read.
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel