'it varies' = always 0 points?

If you tick the 'it varies' box on the ESA 50 form does this always mean you will get 0 points for your answer in that section?

GeorgeJackson wrote: If you tick the 'it varies' box on the ESA 50 form does this always mean you will get 0 points for your answer in that section?

No I does not necessarily mean zero points. If you tick 'it varies' then you need to use the text box to fully describe the range of variation and how often you would experience best/worst/average days.

Hi GJ,

To be classed as being able to carry out any of the ESA Activities, you must be able to do so for the majority of the time, (>50% of the time) repeatedly, reliable and safely.

If you can not carry out the activity for the majority of the time, as above, you are perfectly within your rights to state that you can not carry the activity out at all.

This is explained in our : ESA Claims Guides

Further, with respect to The Support Group (SG) Activities/Descriptors, not only must you be able to carry them out for the majority of the time, you must also be able to carry them out on the majority of occasions that you attempt them, see:

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

bro58