Rule 29 and Rule 35

Hi Again everyone

Can someone please explain to me the difference between rule 29 and rule 35 I don't understand the difference and which one would be more helpful?

Any help much appreciated thanks

Sophielegs wrote: Hi Again everyone

Can someone please explain to me the difference between rule 29 and rule 35 I don't understand the difference and which one would be more helpful?

Any help much appreciated thanks

Hi Sl,

ESA Reg 29 gives entry to The WRAG, as it pertains to Limited Capability for Work. (LCW)

See : www.legislation.gov.uk/uksi/2008/794/regulation/29/made

ESA Reg 35 gives entry to The SG as it pertains to Limited Capability for Work Related Activity. (LCWRA)

See : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

If you qualify under Reg 35, and are classed as having LCWRA, then obviously it follows that you also qualify under Reg 29, and have LCW.

It is also,covered in our : ESA Claims Guides

bro58

We have sent in appeal as he was put in WRAG group after being on IB and feel he should be in Support Group, but we can only try with a supporting letter from our GP saying he disagrees with their decision hope this doesn't upset them too much him saying that so directly!

We feel he does qualify under at least 3 descriptors but of course we will have to see how they look at it when hopefully they do their re-consiederation stage?

I just wondered if it goes on to the appeal stage whether it would be a good idea to to have rule 35 as a back up?

Sorry hope you understand me

Sophielegs wrote: We have sent in appeal as he was put in WRAG group after being on IB and feel he should be in Support Group, but we can only try with a supporting letter from our GP saying he disagrees with their decision hope this doesn't upset them too much him saying that so directly!

We feel he does qualify under at least 3 descriptors but of course we will have to see how they look at it when hopefully they do their re-consiederation stage?

I just wondered if it goes on to the appeal stage whether it would be a good idea to to have rule 35 as a back up?

Sorry hope you understand me

Hi Sl,

You could cite Reg 35 as a "back up", giving reasons and providing substantiating evidence, that there would be "Substantial Risk".

If you wish to try and qualify for SG under Reg 35, it would be advisable to submit any evidence ASAP, so that it can also be considered at the automatic reconsideration stage.

bro58