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5 years 7 months ago #218023 by keepingcalmlisa
Hello was created by keepingcalmlisa
Hello
Does anyone know whether regulation 35(2)
is still in use when apply for further contributionary Esa if your circumstances haven’t changed since your last form
Thank you in advance
L

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5 years 7 months ago #218032 by Gordon
Replied by Gordon on topic Hello
Lisa

It is and it isn't.

It is in the sense that this is still a route to qualify for the Support Group.

It isn't in the sense of a previous award, the two Substantial Risk Regulations, 35 and 29 for the WRAG, require up to date medical evidence to support the claimant meeting the criteria, there is no on-going assumption of disability as there is with the other Descriptors. You need to qualify for 35(2) from scratch each time you are assessed.

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

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