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Where can I find official ESA regulations please?

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7 years 4 days ago #184488 by Chrissy
Hi, could you link me to section 35 of the official ESA regulations please as I have had difficulty finding the up to date ones, I will be happy to have the latest legislation, thanks.

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7 years 4 days ago #184497 by Gordon

Chrissy wrote: Hi, could you link me to section 35 of the official ESA regulations please as I have had difficulty finding the up to date ones, I will be happy to have the latest legislation, thanks.


I assume that you mean Regulation 35 :)

For ESA Claims not under Universal Credit

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

For ESA claims under UC it is Regulation 31

www.legislation.gov.uk/uksi/2013/379/regulation/31/made

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Chrissy

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7 years 4 days ago #184517 by Chrissy
Thank you Gordon.

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7 years 4 days ago #184521 by Chrissy
Hi Gordon

Sorry, I forgot to ask where abouts in the legislation it mentions exceptional circumstances if you do not score enough points to get in the support group.
Is there a link for that please?

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7 years 4 days ago #184522 by Gordon

Chrissy wrote: Hi Gordon

Sorry, I forgot to ask where abouts in the legislation it mentions exceptional circumstances if you do not score enough points to get in the support group.
Is there a link for that please?



Regulation 29 is the equivalent for WRAG to Regulation 35 for the SG.

I can't give you a direct link as this Regulation has been updated but it currently reads.

Exceptional circumstances
29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

(2) Subject to paragraph (3) this paragraph applies if–
(a) the claimant is suffering from a life threatening disease in relation to which–
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii) 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; or

(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.

(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by–
(a) reasonable adjustments being made in the claimant’s workplace; or
(b) the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.

(4) In this regulation “medical evidence” means–
(a) evidence from a health care professional approved by the Secretary of State; and
(b) evidence (if any) from any health care professional or a hospital or similar institution, or such part of such evidence as constitutes the most reliable evidence available in the circumstances.

You do know that both of these Regulations are covered in detail in the ESA Claim guides.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 days ago #184525 by Chrissy
Hi Gordon

Thank you. I have a copy of the claims guides, many thanks.

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