Question regarding one of the Tip mails

"ESA Tip 4. How you can be found incapable of work even if you don’t score enough points"

Specifically:

The result is that it may be possible for you to qualify for ESA, even if you don’t score enough points, because of the little known ‘exceptional circumstances’ regulations.

The most important of these says that you will be eligible for ESA if: ‘there would be a substantial risk to the mental or physical health of any person if he were found not to have limited capability for work’’

This regulation could apply to you on physical health or on mental health grounds.

This is the part that exactly describes my personal situation:

"For example, you may experience severe anxiety attacks and might harm yourself or somebody else if placed in a situation you find threatening. If you can show that you are likely to find interviews or workplaces threatening, then this might be grounds for awarding you ESA using the exceptional circumstances rules."

WIth the 1 hour drilling they give you at the JSA interviews I get involuntarily Panic Attacky and the results are, how shall I say-not pleasant!

However trying to find these regulation so that I can point them out in my appeal process is proving extremely difficult. If anyone knows how to find them so I can print them out and send off to my appeal or the like...well that would be tremendous of someone. Apologies for being a bother but this is vital info for my case. Thankyou in advance for any help.

Element wrote:

"ESA Tip 4. How you can be found incapable of work even if you don’t score enough points"

Specifically:

The result is that it may be possible for you to qualify for ESA, even if you don’t score enough points, because of the little known ‘exceptional circumstances’ regulations.

The most important of these says that you will be eligible for ESA if: ‘there would be a substantial risk to the mental or physical health of any person if he were found not to have limited capability for work’’

This regulation could apply to you on physical health or on mental health grounds.

This is the part that exactly describes my personal situation:

"For example, you may experience severe anxiety attacks and might harm yourself or somebody else if placed in a situation you find threatening. If you can show that you are likely to find interviews or workplaces threatening, then this might be grounds for awarding you ESA using the exceptional circumstances rules."

WIth the 1 hour drilling they give you at the JSA interviews I get involuntarily Panic Attacky and the results are, how shall I say-not pleasant!

However trying to find these regulation so that I can point them out in my appeal process is proving extremely difficult. If anyone knows how to find them so I can print them out and send off to my appeal or the like...well that would be tremendous of someone. Apologies for being a bother but this is vital info for my case. Thankyou in advance for any help.

Hi,

It comes under Reg 29 of The Employment and Support Allowance Regulations 2008, (SI No. 794)

as found here:

www.legislation.gov.uk/uksi/2008/794/part/5/made

Pete