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Asking for the Support Group

  • lucy2
11 years 8 months ago #89883 by lucy2
Replied by lucy2 on topic Re:Asking for the Support Group
hear people say i may loss all my benifits , but will do what you say it won,t do no harm for some one else to look at report,thanks

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11 years 8 months ago #89885 by Crazydiamond
Replied by Crazydiamond on topic Re:Asking for the Support Group
george wrote:

Likewise, is it advisable to mention the Support Group with reference to "Exceptional Circumstances"?


It is essential that if Section 35(2)(a)(b) of The Employment and Support Allowance Regulations 2008 are put in issue by a claimant, it must be shown specifically why they believe they may satisfy this Regulation?

This is the single exception where the claimant must discharge the burden of proof as opposed to the Secretary of State, by way of an ESA supersession initiated by the DWP. A claimant has to demonstrate on the balance of probabilities that the criteria are met whereby he/she suffers from some specific disease or bodily or mental disablement and 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.

See:-

Regulation 35 of The Employment and Support Allowance Regulations 2008.

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