ESA regulation

  • 2 Replies
  • 1175 Views

xSparksx

  • *
  • Charter Member
  • Gold Member
  • ***
  • Posts: 155

ESA regulation

  • on: 07 Jun 2013 04:41PM
Sorry to do a new post, I know it's been posted on the board before but I've had a quick glance over the first couple of pages of Welfare Rights but can't see it, and I'm so wiped out I haven't got out of bed today :S and I don't have the mental energy to dig through posts, sorry :(

I'm gathering evidence for my ESA migration (not got the form yet, just the letter warning me that it's all happening, but at least that means I've got more time to prepare) and I'm looking for the exact wording, and the reference, for the regulation that states a claimant should be found not fit for work/work-related activity if such activity puts them/their health at risk.

Everyone around me agrees it would make me a lot iller to do work-related activity (I'm almost entirely housebound and almost never even have the energy to speak on the phone :S ) and my ME clinic are willing to write a letter of support, but it would be good to have that reference both for them and for my GP.

Many thanks in advance.

KizzyKazaer

  • *
  • Global Moderator
  • Super Hero Member
  • *****
  • Posts: 8793

Re: ESA regulation

  • on: 07 Jun 2013 05:52PM
Here you go, Sparks - the specific parts of the regulations that would apply (I've put the relevant paragraphs in bold):

Regulation 29 (2) (b)

You can be automatically treated as having a limited capability for work-related activity if you are:

-   suffering from a progressive disease and consequently your death can reasonably be expected within six months.
-   receiving treatment by way of chemotherapy or radiotherapy (or are likely to receive such treatment within 6 months), or you are recovering from that treatment and Jobcentre Plus is satisfied that you have a limited capability for work-related activity.
-   suffering from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work-related activity.
-  pregnant and there would be a serious risk to the health of you or your child if you did not refrain from work-related activity.

Regulation 35 (2) (b)

Even if the decision maker decides that you do not pass the limited capability for work test they can still treat you as having passed it if the health care professional has obtained evidence that one of the following exceptional circumstances apply:
 
(a) -   You are suffering from a severe life threatening disease in relation to which there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.

(b) - You suffer from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if you were found not to have limited capability for work.   This risk should be linked to work you could realistically do according to your education or skills.  This circumstance will not apply to you if the risk could be significantly reduced by making reasonable adjustments to your workplace or by you taking medication as prescribed.



xSparksx

  • *
  • Charter Member
  • Gold Member
  • ***
  • Posts: 155

Re: ESA regulation

  • on: 07 Jun 2013 07:48PM
Thanks so much, Kizzy, I knew somebody would come up with it in half the time it would have taken me to find it!