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WORK CAPABILITY ASSESSMENT FOR UNIVERSAL CREDIT
- axab43
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1 week 2 days ago #301606 by axab43
WORK CAPABILITY ASSESSMENT FOR UNIVERSAL CREDIT was created by axab43
On the social engagement descriptor on the WCA, can anyone tell me what "social engagement" is defined as? It is a very broad term. And when it says "engagement in social contact is always precluded" does this mean not at all or for the majority of the time. So if an old friend wants to spend a weekend in your home, but you haven't engaged in any social contact all year, would you lose 16 points. Of if you go to a hospital visit, or see a housing support officer? I thought i read somewhere the descriptors have to be able to be done the majority of the time and other things which I can't remember.
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- David
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1 week 21 hours ago #301717 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic WORK CAPABILITY ASSESSMENT FOR UNIVERSAL CREDIT
Hi axab43
The Upper Tribunal Judge in the case below stated that " always " can be construed as meaning every day but not every moment and not the majority of the time.
Always precluded
The Upper Tribunal (in CE/3939/2013) considered the meaning of the word ‘always’. In that
case, the Judge highlighted that satisfying a test within ESA for part of a day means that test
if met on that day. He concluded that ‘always’ “can be read as meaning “every day” but not
“every moment”. He rejected the idea that ‘always’ means ‘for the majority of the time’
because people who have difficulties for the majority or the time are covered by descriptor
16(c).
Another Judge agrees (in CE/4125/2012) and states that ‘always precluded’ should consider
the claimant’s ability to engage with others in any context (whether ‘social’ or otherwise), the
distress it causes and the impact of distress on their ability to engage socially.
David
The Upper Tribunal Judge in the case below stated that " always " can be construed as meaning every day but not every moment and not the majority of the time.
Always precluded
The Upper Tribunal (in CE/3939/2013) considered the meaning of the word ‘always’. In that
case, the Judge highlighted that satisfying a test within ESA for part of a day means that test
if met on that day. He concluded that ‘always’ “can be read as meaning “every day” but not
“every moment”. He rejected the idea that ‘always’ means ‘for the majority of the time’
because people who have difficulties for the majority or the time are covered by descriptor
16(c).
Another Judge agrees (in CE/4125/2012) and states that ‘always precluded’ should consider
the claimant’s ability to engage with others in any context (whether ‘social’ or otherwise), the
distress it causes and the impact of distress on their ability to engage socially.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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