ib info needed.

can some explein what this possibley means, its from a tribunral

"the appellant is exepmt, regulation 10 applies, the appellant suffers from a server mental illness as defined"

I presume they are referring to the Social Security (Incapacity for Work) (General) Regulations 1995.

Reg 10 states:-

Certain persons with a severe condition to be treated as incapable of work

10.—(1) A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.

(2) The circumstances are—

(a)that he is in receipt of the highest rate care component of disability living allowance;

(b)that he is suffering from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months;

(c)that he is a blind person whose name is on a register compiled and maintained by a local authority under section 29 of the National Assistance Act 1948(1) (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council;

(d)that he is suffering from any of the following conditions—

(i)tetraplegia;

(ii)persistent vegetative state;

(iii)dementia;

(iv)paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic;

(e)that a doctor approved by the Secretary of State has certified that he is suffering from any of the following conditions—

(i)a severe learning disability (which, for the purposes of this regulation, means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning);

(ii)a severe and progressive neurological and muscle wasting disease;

(iii)an active and progressive form of inflammatory polyarthritis;

(iv)a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;

(v)dense paralysis of the upper limb, trunk and lower limb on one side of the body;

(vi)multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;

(vii)a severe and progressive immune deficiency state characterised by the occurrence of opportunistic infections or tumour formation;

(viii)a severe mental illness.

thanks for that derek thats of a great help.

severe mental illness is defined in the regulations but is not set out there in detail in the text by depressed derek.

It is as follows

severe mental illness involving the presence of mental disease which severely and adversely affects mood or behaviour, and severely restricts social functioning or awareness of immediate environment.

That is the test

do you or anybody else know anserw to this question, i think mr donnison could anserw this, regarding the exmptions from the pca

i was found incapable of work because of regulation 10 - sever mental illness (i now have the paper work)

is this regulation different from been exempt from the pca? as in is been exempt from the pca some thing different from been incapable of work due to regulation 10?

severe mental illness involving the presence of mental disease which severely and adversely affects mood or behaviour, and severely restricts social functioning or awareness of immediate environment.

do you feel comfortable explaining that in laymans turns, ie what in reality does that mean.

now we are getting somewhere, i would still like someone to anserw my previous question.

i have not posted my complaint(to dwp) yet about been exempt from the pca, and them trying to subject me to a further pca, i think i may of got it wrong, in the fact that i have never been exepmt from the pca, i was only found incapable of work due to reg 10.

or does reg 10 also allow you to be exempt from the pca?