Hello Does anyone know whether regulation 35(2) is still in use when apply for further contributionary Esa if your circumstances haven’t changed since your last form Thank you in advance L
It is in the sense that this is still a route to qualify for the Support Group.
It isn't in the sense of a previous award, the two Substantial Risk Regulations, 35 and 29 for the WRAG, require up to date medical evidence to support the claimant meeting the criteria, there is no on-going assumption of disability as there is with the other Descriptors. You need to qualify for 35(2) from scratch each time you are assessed.
Gordon
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