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TOPIC: exceptional circumstances rule

LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 9 months ago #68911

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

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Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 9 months ago #68917

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

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

Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 9 months ago #68923

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

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Last Edit: by Crazydiamond. Reason: See above.

Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 9 months ago #68934

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

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Re:LIMITED CAPACITY FOR WORK-RELATED ACTIVITY 6 years 9 months ago #68939

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 :)

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Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke