- Posts: 230
× Members
exceptional circumstances rule
- greeneyedlad
- Topic Author
- Offline
Less More
13 years 2 months ago #68911 by greeneyedlad
Replied by greeneyedlad on topic LIMITED CAPACITY FOR WORK-RELATED ACTIVITY
Hello
i think i passed the exceptional rule test for the wrag group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work"
does any1 know what you need 2 prove to pass the exceptional rule test for the support group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-RELATED ACTIVITY"
as you can see the only difference is the "work-related activity" part
many thanks
martin
i think i passed the exceptional rule test for the wrag group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work"
does any1 know what you need 2 prove to pass the exceptional rule test for the support group "there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-RELATED ACTIVITY"
as you can see the only difference is the "work-related activity" part
many thanks
martin
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
13 years 2 months ago #68917 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY
Martin
You need to show that your condition prohibits you from the performing Work Related Activity. these will include at the least.
Takem from the ESA Regulations 2008
(a)assessing the claimant’s prospects for remaining in or obtaining work;.
(b)assisting or encouraging the claimant to remain in or obtain work;.
(c)identifying activities that the claimant may undertake that will make remaining in or obtaining work more likely;.
(d)identifying training, educational or rehabilitation opportunities for the claimant which may make it more likely that the claimant will remain in or obtain work or be able to do so;.
(e)identifying current or future work opportunities, including self-employment opportunities, for the claimant, that are relevant to the claimant’s needs and abilities
However, you might also want to be aware of what the Welfare Reform bill will include when passed/
(a) attending a skills assessment;
(b) improving personal presentation;
(c) participating in training;
(d) participating in an employment programme;
(e) undertaking work experience or a work placement
(f) developing a business plan;
Hope this helps.
Gordon
You need to show that your condition prohibits you from the performing Work Related Activity. these will include at the least.
Takem from the ESA Regulations 2008
(a)assessing the claimant’s prospects for remaining in or obtaining work;.
(b)assisting or encouraging the claimant to remain in or obtain work;.
(c)identifying activities that the claimant may undertake that will make remaining in or obtaining work more likely;.
(d)identifying training, educational or rehabilitation opportunities for the claimant which may make it more likely that the claimant will remain in or obtain work or be able to do so;.
(e)identifying current or future work opportunities, including self-employment opportunities, for the claimant, that are relevant to the claimant’s needs and abilities
However, you might also want to be aware of what the Welfare Reform bill will include when passed/
(a) attending a skills assessment;
(b) improving personal presentation;
(c) participating in training;
(d) participating in an employment programme;
(e) undertaking work experience or a work placement
(f) developing a business plan;
Hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- greeneyedlad
- Topic Author
- Offline
Less More
- Posts: 230
13 years 2 months ago - 13 years 2 months ago #68923 by greeneyedlad
Replied by greeneyedlad on topic Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY
OMG theres no way i could do all that, i can hardly get out my bed im so depressed.
this is all so terrifing
thanks Gordon
martin
Mod edit: please do not start new threads which deal with the same subject matter, as this causes confusion for both members and moderators, especially as this is the second merger within this thread
this is all so terrifing
thanks Gordon
martin
Mod edit: please do not start new threads which deal with the same subject matter, as this causes confusion for both members and moderators, especially as this is the second merger within this thread
Last edit: 13 years 2 months ago by Crazydiamond. Reason: See above.
Please Log in or Create an account to join the conversation.
- greeneyedlad
- Topic Author
- Offline
Less More
- Posts: 230
13 years 2 months ago #68934 by greeneyedlad
Replied by greeneyedlad on topic Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY
im sorry, i didnt realise u had merged the last 1, i thought i had put it as a reply instead of a new thread by mistake & thats the reaason why i again put it as a new thread.
appologies
martin
appologies
martin
Please Log in or Create an account to join the conversation.
- carole
- Offline
Less More
- Posts: 197
13 years 2 months ago #68939 by carole
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by carole on topic Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY
Gordon may I ask your advice. In your detailed reply to greeneyelad i was interested to read ESA Reg 2008 point (d)
I am currently on IB awaiting the dreaded transfer. With mental ill health. 9 years. I do however wish to return to work if possible. I do however need to build up my confidence and update skills. I am interested in a course which will cost a couple of thousand and volutary work to go with it (possibly) however wouldnt be able to do anything until after an op i am waiting for. My concern is that if i start will the DWP say as i can do some vol work then i can do a job, when in reality i will need to work up to it and think i will need another year at least on benefit to pay for course and be near employment. Could i argue that point (d) will apply. I know I would get support from CPN & GP & psy
Many thanks for all you do
Carole
I am currently on IB awaiting the dreaded transfer. With mental ill health. 9 years. I do however wish to return to work if possible. I do however need to build up my confidence and update skills. I am interested in a course which will cost a couple of thousand and volutary work to go with it (possibly) however wouldnt be able to do anything until after an op i am waiting for. My concern is that if i start will the DWP say as i can do some vol work then i can do a job, when in reality i will need to work up to it and think i will need another year at least on benefit to pay for course and be near employment. Could i argue that point (d) will apply. I know I would get support from CPN & GP & psy
Many thanks for all you do
Carole
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David