Exceptional Circumstances Reg 35

Ann wrote: Hi, I have been told by the DWP that my next WCA50 is due to be sent out in February this year. My GP is very helpful and as told me he will do whatever he can to help. My question is, can he mention that the Reg 35 should apply to me in the case where I don`t score enough points to take me into the SG in the report for me to send with the WCA50 or should he wait until I send my papers to Tribunal? Thank you.

He can but will need to explicitly state why this is the case, this means that they must;

- identify the condition or disablement that would cause a risk of harm
- explain why there is a substantial risk of harm to you or others
- explain why the risk is related to you performing Work Related Activity

The ESA Claim Guide for mental health has a more detailed explanation and has a list of WRA that claimants are typically asked to do.

Unlike the other Descriptors where a previous history of meeting a Descriptor should be taken into account when reassessing a claimant, this does not apply to Regulations 29 and 35, new and current evidence must always be provided.

Gordon