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Hypothetical Question ESA Disability Exercise

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3 years 11 months ago #259750 by Waxwing
Hello

I have a hypothetical question with regards to claiming ESA with a Disability and advice to exercise by health care provider.

If a person with a disability decides to claim ESA and states that they cannot walk more than 50m on level ground because it would cause them pain and they have evidence from there health care provider to prove this but are also advised to do light exercise like gentle Gardening to help with there condition and mental health would this not go against the walking 50 meters and could invalidate someones claim for ESA? My thought is that if they are doing light work as in gentle weeding or watering the garden with a hose pipe they are not walking over long distances but they are still doing a manual type of work which may invalidate a ESA claim or if reported could put the person who is claiming ESA in a position of possible fraud?

What are your thoughts on this please?
Thank you.

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3 years 11 months ago #259786 by Gary
Hi Waxwing

Legacy ESA no longer exists, you maybe able to claim New Style ESA depending on your NI contributions.

In answer to your questioning about gardening, gardening is not walking, if you are weeding you are not walking, if you are watering the garden you are not walking. Do you have to stop and rest carrying out these activities?

What may cause an issue is if you are mowing your garden, unless you have a small garden and stop frequently or you have a ride on mower.

You are allowed to enjoy your garden when claiming benefits, it can be quite therapeutic and help your welbeing.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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