Regulation 35

Hi Everyone

Can anyone tell me if we have to go to appeal and want to site regulation 35 what sort of things do we need to ask our GP to outline? I know they are asking for proof it would cause harm (is it to the person claiming as well as to anyone else) I am not sure what exactly they are asking for please?

Sophielegs wrote: Hi Everyone

Can anyone tell me if we have to go to appeal and want to site regulation 35 what sort of things do we need to ask our GP to outline? I know they are asking for proof it would cause harm (is it to the person claiming as well as to anyone else) I am not sure what exactly they are asking for please?

Hi Sl,

He would need to provide evidence that substantiated the fact that there would be "Substantial Risk" to yourself or others if you were not placed into the SG.

In other words, if you were forced to take part in Work Related Activity, as with being in the WRAG.

A couple of obvious examples would be if the claimant was prone to violent outburst, if a claimant was prone to falls, had severe allergies, etc, etc.

See : " (b) 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."

From :

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

There is no absolute legal definition of "Substantial"

bro58

Hi bro58 many thanks for your help

I know I am being thick but when it says mental or physical harm to anyone does that also mean to my son himself or just to others. He has severe mental problems and has been put in the WRAG we have sent in an appeal and desperately hoping he will get put in the Support Group at reconsideration, but in case he doesn't I am trying to prepare for appeal

Thank you

Sophielegs wrote: Hi bro58 many thanks for your help

I know I am being thick but when it says mental or physical harm to anyone does that also mean to my son himself or just to others. He has severe mental problems and has been put in the WRAG we have sent in an appeal and desperately hoping he will get put in the Support Group at reconsideration, but in case he doesn't I am trying to prepare for appeal

Thank you

Hi Sl,

It includes to himself, or other, e.g. it may exacerbate a mental health condition, it may substantially increase the risk of suicide attempts, etc, etc.

Exceptional Circumstances are mentioned at 42185, and Substantial Risk at 42188, of the DM Guide, here :

DM Guide LCW & LCWRA

Hope this helps

bro58