Successful ESA tribunal but.....?

Hi

My partner recently won his appeal at Tribunal and the decision letter given to him states he is entitled to ESA with the work related activity component. It then goes onto to state ''Even if the Appelleant had not satisfied the Work Capability Assessment, the Tribunal would have applied Regulation 29 2b.''

Does anyone know what this last part means please? He has been suffereing from severe depression and anxiety for 3 years.

Thanks

Chris

Chrisjem wrote:

Hi

My partner recently won his appeal at Tribunal and the decision letter given to him states he is entitled to ESA with the work related activity component. It then goes onto to state ''Even if the Appelleant had not satisfied the Work Capability Assessment, the Tribunal would have applied Regulation 29 2b.''

Does anyone know what this last part means please? He has been suffereing from severe depression and anxiety for 3 years.

Thanks

Chris

This is Regulation 29(2)(b) as defined:-

The Employment and Support Allowance Regulations 2008

Exceptional circumstances

29.—(1) A claimant who does not have limited capability for work as determined in accordance
with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

(2)This paragraph applies if—

(a) the claimant is suffering from a life threatening disease in relation to which—
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a
recognised therapeutic procedure; and
(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be
controlled by a recognised therapeutic procedure; or

(b) the claimant 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.

Your partner has been found to satisfy sub-section 2(b).