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DEFINITION OF DESCRIPTORS FOR UNIVERSAL CREDIT WCA

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1 week 15 hours ago #301648 by axab43
On the social engagement section of the Work Capability Assessment, can anyone confirm what is meant by social engagement is "always" precluded on the 15 points descriptor. Is it like PIP, that is precluded for the majority of the time. If you see go to hospital once, would this be counted as social engagement (sounds ridiculous but nothing would be shocking with this government.) Or if a friend came to the claimants' home once in a year. Appreciate your insight.

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1 week 12 hours ago #301655 by David
Hi axab43

The descriptor is as below-
Coping with social engagement due to cognitive impairment or mental disorder.

16(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant. Score 15

16(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant. Score 9

16(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant. Score 6

16(d) None of the above applies. Score 0

The following is from the BenefitsandWork guide on the WCA-
PIP/DLA alert
If you are already getting, or applying for PIP, your claim may be based in part on the PIP
activity of ‘Engaging with other people face to face’. Although not the same as this ESA
activity, there is some overlap between the two. So, take great care to give accurate
evidence here, because a medical report for ESA or UC can be used to decide on a claim for
PIP, or look again at an existing award of PIP.

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

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1 week 11 hours ago #301662 by axab43
Thanks. Well that is confusing. So if a friend comes to help in your home for once a year, that would mean you lost the 15 points? Or a hospital appointment once a year? That is far more than the majority of the time. And what the judge meant by part of the day? So a hospital appointment would be covered then. As usual, they want people to not qualify obviously

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1 week 11 hours ago #301665 by Chris
Hi axab,

Normally when doing these - it has to be at least 50% or more of the time I remember reading. So far example, 4 days from the week. I think once a year, they'd not likely entertain - however, in my experience and others on here, it can still be worth fighting till the very end.

Chris.

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1 week 11 hours ago #301670 by axab43
Thanks Chris. Due to various circumstances, I was scored full points on the same descriptor for PIP and things haven't changed, so if as David said above PIP and UC overlap, it should be covered. Doctor's appointment are by phone as I have a very understanding doctor, luckily. I do have a hospital appointment in April which it would be stupid not to go to even though stressful. I am in the process for transferring to UC so hopefully an assessment will not be in the immediate future.

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1 week 11 hours ago #301672 by Chris
Hi axab,

I think there's a lot of uncertainty with things at the moment, due to the likely changes that will be announced tomorrow. Hopefully all will go okay, and nothing will change before November 2026 as that seems to be the date mentioned that the proposed changes will come into effect.

Chris.

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