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ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS

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2 years 5 months ago #271247 by CHUNKY
ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS was created by CHUNKY
I read here a few years ago that you can be successful in claiming ESA

if you are a danger to self or others.

Can someone kindly post the link or page that informs you of this?

Thanks

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2 years 5 months ago - 2 years 5 months ago #271266 by BIS
Replied by BIS on topic ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS
Hi synapse321 I don't know the particular place where you read this - so I can't link to it.

There are also some circumstances in which the DWP should treat you as unfit for work even if you have not yet had your capability for work assessed... • If, because of your condition, there would be a substantial risk to your physical or mental health, or that of any other person, if you were found fit for work. You can’t use this route if reasonable workplace adjustments, or taking medication prescribed for you, would reduce this risk.... Page 9 of Employment & Support Allowance and Universal Credit Claims On Physical & Mental Health Grounds

BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 5 months ago by BIS.

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2 years 5 months ago #271275 by Lawman
Replied by Lawman on topic ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS
If you are a danger to yourself of others then you pass the freshold for ESA. Obviously everyone is different in different places. but if you can show you are not safe than, I would think that you will and should be entitled

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10 months 3 days ago #286999 by CHUNKY
Replied by CHUNKY on topic ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS
I will soon be filling in a WCA for ESA Conts support group.

Has any of the advice changed in the last 2 years re danger to self or others?

Many thanks

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10 months 3 days ago #287001 by Chris
Replied by Chris on topic ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS
Hi synapse321,

I believe if it had of altered, that the guides on here would've been updated to reflect these changes - so best to have a look through, and compare from the previous time.

Regards, Chris.
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 months 3 days ago #287006 by CHUNKY
Replied by CHUNKY on topic ESA - CLAIMING DUE TO DANGER TO SELF OR OTHERS
Hi

Due to my mental illness I find it difficult to process information.

The only difference I can find is:

This is almost identical to one of the exceptional circumstances for the work-related activity
group (see page 19) except that now you need to show that you would have to refrain from
‘work related activity’ rather than actual work.

Is this the only difference?

Thanks

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