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TOPIC: section 29 exemption for WCA

section 29 exemption for WCA 2 weeks 6 days ago #201971

my CAB caseworker has suggested that I could get exemption from WCA for esa by demonstrating that this process causes me substantial risk, harm, owing to my mental health conditions. Does anyone know if this is achievable and how?
CAB have been helping with an appeal against decision to stop my ESA in May when reasons given for non attendance of an assessment (Carer not available at short notice and worsening of symptoms following their own cancellation when we did try to attend the previous assessment) were not accepted.

Case worker has suggested requesting section 29 at same time as submitting appeal document.
I have ptsd among other conditions and can demonstrate that the process makes symptoms much worse but not much current medical support as my usual GP has left surgery.

Is it better to separate the two processes? I think the idea was to kill two birds with one stone but I'm unsure how realistic this proposal is.

Thanks, Golightly

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section 29 exemption for WCA 2 weeks 6 days ago #201975

E

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I would not expect the appeal panel to consider anything other than your reasons for not attending the assessment.

You will need to provide evidence, relative to the day of the assessment, that there would have been a substantial risk of harm to your physical or mental health if you had attended the assessment. It is important that there is no doubt in the evidence of the risk, so phrases such as "may suffer" or "could suffer" will definitely undermine your case.

Although I don't expect it to be considered, I believe the CAB suggestion of Regulation 29 undermines your case, this would place you in the WRAG and mean that you would be subject to Work Focussed Interviews and Work Related Activity. If you can't attend the assessment why would you argue an award that requires your attendance at your JC+ office?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

section 29 exemption for WCA 2 weeks 6 days ago #201988

Thank you. I had no idea that regulation 29 would lead to being placed in WRAG group. Case worker told us it would mean exemption from the medical assessment process altogether not that it would mean being moved from support group to WRAG. What is regulation 29 designed to achieve in
relation to substantial risk and assessment process or anything else?

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section 29 exemption for WCA 2 weeks 6 days ago #202001

Holly

The one thing it does not do is exempt a claimant from the WCA!

Regulation 29 places a claimant in the WRAG group because there would be a substantial risk of harm to you or others if you were required to work. See the ESA Claim guides for a more detailed explanation.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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