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

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12 years 7 months ago #66175 by lochlisa
Regulation 29(2)(b) or 35(2)(b) was created by lochlisa
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

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12 years 7 months ago #66179 by Gordon
Replied by Gordon on topic Re:Regulation 29(2)(b) or 35(2)(b)
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

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

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