C/B ESA Support Group for Tinnitus

Hi Andy

I am not aware of anyone getting into ESA support group suffering from tinnitus alone.

Legacy ESA is no longer available for new claimants, you may be able to claim New Style ESA, the support component has been renamed as Limited Capability Work Related Activity (LCWRA), how it is awarded is the same as legacy ESA.

A score of 15 or more means you have been found to have limited capability for work. The points can be scored in one or more activities. If you are found to have limited capability for work the next step in the assessment process is to find out if you also have limited capability for work-related activity (LCWRA).

Our UC and ESA claim guide explains the criteria that you will need to meet, see page 27.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gary

Hi Andy

To get placed in the LCWRA group is not about scoring points although you do need 15 points to get through the first stage.

The assessor must decide if one of the 16 activities apply to you. If at least one of them apply to you then you qualify for the LCWRA group but as I have stated previously, I have never known a claimant to qualify for the LCWRA group just on tinnitus alone, even using reg 35.

Legislation
Regulations provide that a claimant can be treated as having LCWRA where there is a substantial risk to the health of any person.

For ESA, regulation 35 of the Employment and Support Allowance Regulations 2008 and regulation 31 of the Employment and Support Allowance Regulations 2013 provide -

A claimant who does not have limited capability for work-related activity... [having failed to satisfy any LCWRA descriptors] is to be treated as having limited capability for work-related activity if - (a) the claimant suffers from some specific disease or bodily or mental disablement; and (b) 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-related activity.
For universal credit, paragraph 4 of schedule 9 to the Universal Credit Regulations 2013 provides that a claimant is to be treated as having limited capability for work-related activity if -

The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.

Gary