Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: Regulation 29(2)(b) or 35(2)(b)

Regulation 29(2)(b) or 35(2)(b) 6 years 3 months ago #66175

I have been placed in WRAG.

I am appealing as I believe I should be in Support.

I have a specific mental health problem which should place me in support.

I have been advised to quote any regulations in my appeal papers but which one is applicable in my case?

thank you, Lisa

Please Log in or Create an account to join the conversation.

Re:Regulation 29(2)(b) or 35(2)(b) 6 years 3 months ago #66179

lochlisa wrote:

I have been placed in WRAG.

I am appealing as I believe I should be in Support.

I have a specific mental health problem which should place me in support.

I have been advised to quote any regulations in my appeal papers but which one is applicable in my case?

thank you, Lisa

It's 35(2)(b)

Certain claimants to be treated as having limited capability for work-related activity

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a) the claimant suffers from some specific disease or bodily or mental disablement; and.
(b) by reasons of such disease or disablement, 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.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs Hurtyback