Exceptional Circumstances - ESA - work related

I am really confused by the question in the ESA assessment :

Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.

I assume this is a double negative. ie. it means would you be at risk if you are found ok to work? (ie. the "not" applies to the word "limited" ?)

Am I alone in finding the question very badly worded - Is this wording deliberate, so that people (who would be at risk from working) answer it wrongly? Is this intentional, or am I being dim and if so, why can't they word things clearly?

A lot of the questions are badly worded but I'm not sure if it's deliberate or just incompetence. I believe you've interpreted it correctly. Where is this question actually asked though? I can't see it on my form.

Griffin wrote:

I am really confused by the question in the ESA assessment :

Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.

I assume this is a double negative. ie. it means would you be at risk if you are found ok to work? (ie. the "not" applies to the word "limited" ?)

Am I alone in finding the question very badly worded - Is this wording deliberate, so that people (who would be at risk from working) answer it wrongly? Is this intentional, or am I being dim and if so, why can't they word things clearly?

Hi G,

I can see why you are confused.

If a claimant is found to HAVE Limited Capabiility for Work, (LCW), then that means what it says, and the claimant would be placed in the (WRAG) Work Related Activity Group.

If found to have LCW, and placed in WRAG, you are not classed as fit for work, however you are classed as being able to attend WFI's or WRA, (Personal circumstances may be taken into account here)

See :
Work Focussed Interviews, (WFI’s)

And :
Work Programme

So the statement :

Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.

Is saying that the substantial risk would exist, if you were found "fit for work", no ESA awarded.

Likewise with the Exceptional Circumstance for entry into the Support Group (SG) :

Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work related activity.

So to HAVE Limited Capability for Work Related Activity, (LCWRA) would give a claimant entry to the Support Group of ESA.

So here the substantial risk would exist if you had to get involved in WFI's WRA, etc. (If awarded WRAG).

Obviously if you were found LCWRA and put into the SG due to Exceptional Circumstance, you would also be classed as having LCW.

See : Qualifying for the WRAG

And :
Qualifying for the Support Group

I hope this clarifies it for you.

bro58

Gordon wrote:

Griffin

Sorry, what question are you refering to as this is not a question on the ESA50!

Gordon

I found it on the Benefits and Works self-assessment test pages - I assumed it was "lifted" from the actual ESA form, but sorry I didn't check this was the case, so maybe it's different on the actual form?

Griffin wrote:

Gordon wrote:

Griffin

Sorry, what question are you refering to as this is not a question on the ESA50!

Gordon

I found it on the Benefits and Works self-assessment test pages - I assumed it was "lifted" from the actual ESA form, but sorry I didn't check this was the case, so maybe it's different on the actual form?

Hi G,

The statement that you quoted, and the ones that I used in my post, are actually the rules (legislation)regarding Exceptional Circumstances that would give entry to either The WRAG or SG of ESA, without a claimant having to score the necessary points on the relevant descriptors, so they are not "questions".

In other words, it is possible for a claimant to gain entry to the SG or WRAG of ESA under these Exceptional Circumstances, without scoring any points.

Obviously, qualifying under the Exceptional Circumstances is not that easy, it goes into some detail re : this, in our Guides.

bro58