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Exceptional circumstances
- SoulMan
- Topic Author
12 years 5 months ago #92171 by SoulMan
Exceptional circumstances was created by SoulMan
Could anybody advise me on this
the claimant suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were to be found not to have limited capability for work.
I am unable to get in or out of bed by my self.wash or dress the lower half of my body or get in to or out of my wheel chair without a significant risk of falling and not being able to get back up by myself.
Would this meet the criteria?
the claimant suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were to be found not to have limited capability for work.
I am unable to get in or out of bed by my self.wash or dress the lower half of my body or get in to or out of my wheel chair without a significant risk of falling and not being able to get back up by myself.
Would this meet the criteria?
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- bro58
12 years 5 months ago - 12 years 5 months ago #92175 by bro58
Replied by bro58 on topic Re:Exceptional circumstances
SoulMan wrote:
The criteria that you cite may well qualify you under "Exceptional Circumstances", the quote that you give is ESA Reg 29 for entry to the WRAG, see :
www.legislation.gov.uk/uksi/2008/794/regulation/29/made
For Support Group, it is ESA Reg 35, the statement is the same, except it states :
"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-related activity."
As seen here :
www.legislation.gov.uk/uksi/2008/794/regulation/35/made
This is covered in our ESA Claims Guides here :
ESA Guides
&
Qualifying for the Support Group
Qualifying for the WRAG
If you wish to try and gain an award of WRAG or SG through ESA Regs 29 or 35, the "burden of proof" is on you.
It may not be prudent to rely on this avenue alone, you should also indicate how you may qualify under the normal WRAG & SG descriptors.
bro58
Could anybody advise me on this
the claimant suffers from some specific disease or bodily or mental disablement and, by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were to be found not to have limited capability for work.
I am unable to get in or out of bed by my self.wash or dress the lower half of my body or get in to or out of my wheel chair without a significant risk of falling and not being able to get back up by myself.
Would this meet the criteria?
The criteria that you cite may well qualify you under "Exceptional Circumstances", the quote that you give is ESA Reg 29 for entry to the WRAG, see :
www.legislation.gov.uk/uksi/2008/794/regulation/29/made
For Support Group, it is ESA Reg 35, the statement is the same, except it states :
"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-related activity."
As seen here :
www.legislation.gov.uk/uksi/2008/794/regulation/35/made
This is covered in our ESA Claims Guides here :
ESA Guides
&
Qualifying for the Support Group
Qualifying for the WRAG
If you wish to try and gain an award of WRAG or SG through ESA Regs 29 or 35, the "burden of proof" is on you.
It may not be prudent to rely on this avenue alone, you should also indicate how you may qualify under the normal WRAG & SG descriptors.
bro58
Last edit: 12 years 5 months ago by bro58.
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