ESA Regulation 27 and 35

MSCarer wrote: Regulation 27 of ESA looks at “limited capability for work”. Is this the same as limited capability for work related activity and Regulation 35 (2) ?

Or is it the case that if I argued Regulation 27 that it would just result in only being placed in the Work Group?

In other words can I argue both Regulation 35 and 27 for the Support Group?

First I need to correct you, it is Regulations 29 and 35 that are in question.

Regulation 29 relates to a claimant having Limited Capability for Work and therefore only relates to the WRAG.

Regulation 35 relates to Work Related Activity and therefore is associated with the Support Group.

There is no specific requirement for a claimant to have first met the requirements of R29 in order for them to be considered for R35, however, if this is the route you are following to an ESA award, I would certainly recommend that you show that you meet both R29 and R35.

Gordon

MSCarer wrote: Hi Gordon - I did specifically mean Reg 27!



Apologies if the link does not work.

Sorry for the confusion, Regulation 27 is only in relation to Limited Capability for Work and therefore would only result in a WRAG award. There is no equivalent that would result in an SG award.

Looking at your scenario, I would recommend that you argue Regulations 27, 29, and 35, on the basis that if you are not successful with R27 you still have R29 to fall back on, and vice versa.

Gordon