Please can I ask regarding ESA, can exceptional circumstances rules also apply to physical section as well as mental health section? It's just that looking through the guides I can find guidance in mental health section where it highlights when exceptional circumstances may apply but I cannot seem to find anything in the physical section.
Please can I ask regarding ESA, can exceptional circumstances rules also apply to physical section as well as mental health section? It's just that looking through the guides I can find guidance in mental health section where it highlights when exceptional circumstances may apply but I cannot seem to find anything in the physical section.
As always or advice is much appreciated.
Yes you can qualify for physical reasons as well as mental health, the section on the latter is bigger because their is more DWP guidance of what can and cannot be taken into consideration. A good example of a physical problem would be Epilepsy, the Descriptors do not provide a route into the SG for this condition, but it may be possible via Regulation 35 to still be placed in the SG due to the risk of harm from an attack.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
