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TOPIC: DWP cant make a decision that causes harm?

DWP cant make a decision that causes harm? 5 years 11 months ago #74127

Hi, im sure i read somewhere a little while ago about the DWP not being able to make a decision about benefits that would cause harm to your health? If this is correct does anyone know the name of the clause? Or a link to more information?

Sorry about the bad wording of this question, i cant think how to put it more clearly and hope you can understand what i mean

Thanks a lot, nick

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Re:DWP cant make a decision that causes harm? 5 years 11 months ago #74129

skippy75 wrote:

Hi, im sure i read somewhere a little while ago about the DWP not being able to make a decision about benefits that would cause harm to your health? If this is correct does anyone know the name of the clause? Or a link to more information?

Sorry about the bad wording of this question, i cant think how to put it more clearly and hope you can understand what i mean

Thanks a lot, nick


Hi S75,

Are you refering to "Exceptional Circumstances" as highlighted on pages 22 and 27 of the "Understanding Employment and Support Allowance Guide", accessible from this link? :


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

bro58

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

Re:DWP cant make a decision that causes harm? 5 years 11 months ago #74159

Hm, no i dont think, i saw this mentioned on a facebook m.e. group a while from someone who had either just had an appeal or a tribunal and he said something like "thank goodness for clause something or other not allowing them to make a descision that would cause his condition to get worse"

It was something just mentioned in passing and due to my M.E. brain i cant remember fully. It just seemed like something very useful to know more about.

Sorry for being so vague, i just hoped it might ring a bell for someone.

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Re:DWP cant make a decision that causes harm? 5 years 11 months ago #74161

I'm afraid that the clause to which you refer mentioned on Facebook does not exist because putting it bluntly, the DWP couldn't give a toss whether a work capability assessment would make a claimant's medical condition worse.

The nature or the effects of the illness/disability is not a deciding factor when there is a recommencement of the WCA.

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

Re:DWP cant make a decision that causes harm? 5 years 11 months ago #74169

Ah ok, i must have misunderstood then, no wonder i couldn't find anything!

Thanks very much for clearing it up

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