Exceptional Circumstances

Hi

A friend is migrating (hopefully) from IB to ESA. She has been on IB for anxiety since April 2008 and has had issues of self - harming with odd spells of failing to eat. She has been on Mirtazapine but currently not on any regular medication and has recently re-started what will be her fourth long term spell of Counselling. She was given permission to pursue a degree course in Psychology whilst retaining her benefit and had done a B Tec in Health and Social Care prior to that. Her arms have scars from past episodes of self-harm and there has been at least one episode in the past eight months.At the moment the only medical input is via Counselling. She is of the view that she will not satisfy any of the descriptors and I think that she may satisfy the test for exceptional circumstances to apply of being a danger to herself if not found to have limited capability for work as stress brings on her tendency to self-harm. Her Counselling is on-going. Can anyone say whether I am wrongly boosting her hopes? Thanks

Peridot

Peridot wrote:

Hi

A friend is migrating (hopefully) from IB to ESA. She has been on IB for anxiety since April 2008 and has had issues of self - harming with odd spells of failing to eat. She has been on Mirtazapine but currently not on any regular medication and has recently re-started what will be her fourth long term spell of Counselling. She was given permission to pursue a degree course in Psychology whilst retaining her benefit and had done a B Tec in Health and Social Care prior to that. Her arms have scars from past episodes of self-harm and there has been at least one episode in the past eight months.At the moment the only medical input is via Counselling. She is of the view that she will not satisfy any of the descriptors and I think that she may satisfy the test for exceptional circumstances to apply of being a danger to herself if not found to have limited capability for work as stress brings on her tendency to self-harm. Her Counselling is on-going. Can anyone say whether I am wrongly boosting her hopes? Thanks

Peridot

See also this thread posted yesterday when the forum reopened.

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=81471

Hope this helps in addition to that given by Gordon.

Thanks for the replies Gordon and Jim - Jim, I'm having difficulties in finding page 87 of the Appendix you mention - have you a separate link to it? There only appears an Appendix 3 on repetitive treatment in the one you have sent for Chap 42 and the pagination goes up to page 74. Thanks

Peridot

Hello again

I'm afraid we have got a bit bogged down in completing the form esa 50 3/11 and I have read this morning that students who are migrating from IB to what would be income based esa, cannot do so unless they are also in receipt of dla, which my friend is not. Is this correct, if she were found to have limited capability for work? Also if she were not found to have limited capability for work related activity how would undertaking wrag be compatible with her studies as presumably one would have to be done at the expense of the other? Try as we may we cannot find a descriptor that applies and so therefore will have to try and proceed on the basis of exceptional circumstances of danger to herself to try and get her into the support group. Presumably someone in full time education with Dwp approval would be unlikely to be placed in wrag because of the conflicting commitments. Is this also correct? Thanks

Peridot