ESA and Regulations 29 and 35

Hi Guys, Tryng to go through the Regs and I have a question please, I am seeing my GP next week and asking him to support me by filling out the Black Triangle template letter. I have ME and I am appealing against being put in the WRAG group as I think I should be in the Support Group. I was found to have limited capability for work. Can I only use Reg 35 as Reg 29 seems to be if you are found fit for work. Am I correct?
Thanks in advance.

Just to re-iterate what Gordon has said -

When claiming 'exceptional circumstances' the onus is always 100% on the claimant to provide evidence backing up that claim.

Gordon thanks so much, you are on the ball as usually (hope you are well ).

The Exceptional Circumstances (Regs 29 and 35) are only considered if the claimants has failed to meet the "normal" requirements of the WRAG or the Support Group as relevant.

If you are already in the WRAG, then only Reg.35 is applicable, and you will need to provide evidence that any Work Related Activity would be dangerous to your health or another. THOUGHT THAT WAS THE CASE - I WILL BE USING THE BLACK TRIANGLE TEMPLATE WHICH IS REALLY GOOD FOR THIS SITUATION AND CAN COPY ON HERE FOR OTHERS IF YOU WOULD LIKE ME TOO (YOU COULD THEN PUT IT IN THE FAQ ETC).

12 Month Limit for ESA(CB) - MY AWARD IS UNTIL JUNE THIS YEAR - THEY HAVE TAKEN THIS LONG AND STILL NOTHING FROM THEM SO GETTING MY MP INVOVLED (WHO HAPPENS TO BE DAVID CAMERON) - MEETING WITH HIS ASSISANT IN THE FIRST INSTANCE IN A FEW WEEKS TIME AS HIS SURGERIES ARE FULLY BOOKED (NO SURPRISE THERE).

Do I have to attend WFIs while I appeal? - NO AS I AM ALSO A CARER FOR MY DAUGHTER WHO ALSO HAS ME I DONT HAVE TO ATTEND. ALSO THANKFULLY THE LADY FROM THE JOBCENTRE KNOW ABOUT ME AND FIBRO AND HAS TOLD ME SHE WILL NOT BOTHER ME FOR WFIS AS SHE KNOWS I CAN NOT WORK.

Take care

Hi L,

As a further add-on to Gordon's excellent advice :

Here are Reg 29 : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

And Reg 35 : www.legislation.gov.uk/uksi/2008/794/regulation/35/made

As you will see Reg 29 refers to Limited Capability for Work, (LCW, giving entry to WRAG), whereas Reg 35 refers to Limited Capability for Work Related Activity, (LCWRA, giving entry to SG)

Obviously if you were deemed to fulfill Reg 35, you would automatically fulfill Reg 29.

This is where G.P.'s may get confused, as they will often state that their patient is "unfit for WORK" this alone only gives LCW and entry to The WRAG.

Before the introduction of ESA, you were either fit for work, or unfit for work, two alternatives.

With ESA, you have, fit for work, unfit for work, (LCW, WRAG) or unfit for work related activity, (LCWRA, SG) three alternatives.

bro58

Thanks so much for this.

This is where G.P.'s may get confused, as they will often state that their patient is "unfit for WORK" this alone only gives LCW and entry to The WRAG.

Before the introduction of ESA, you were either fit for work, or unfit for work, two alternatives.

With ESA, you have, fit for work, unfit for work, (LCW, WRAG) or unfit for work related activity, (LCWRA, SG) three alternatives.

My GP was the one who diagnoised me 10 years ago and he now has a daughter in law with ME who is in a wheelchair due to her illness (so he really understands the illness).

I am asking him to write something along the lines of: ‘Because of my physical or mental health condition or disability there would be a substantial risk to the mental or physical health of any person, including me, if you were found not to have limited capability for work-related activity' (this is from Black Triangle campaign group).

You made a very good point as the wording above means he would most probably write I was "unfit for work related activity" can you suggest anymore wording to help my case?

Thanks in advance.