ESA the Regulations 29 & 35

Hello Members,

I thought it might be beneficial to discuss the above regulations in relation to ESA once again, for our newer members who may benefit from this information.

Regulation 29

29.—(1) A claimant who does not have limited capability for work as determined in accordance

with the limited capability for work assessment is to be treated as having limited capability for

work if paragraph (2) applies to the claimant.

(2) This paragraph applies if—

(a) the claimant is suffering from a life threatening disease in relation to which—

(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a

recognised therapeutic procedure; and

(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be

controlled by a recognised therapeutic procedure; or

(b) the claimant suffers from some specific disease or bodily or mental disablement and, 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

Regulation 35

35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

(a) the claimant is terminally ill;

(b) the claimant is—

(i) receiving treatment by way of intravenous, intraperitoneal or intrathecal

chemotherapy; or

(ii) recovering from that treatment and the Secretary of State is satisfied that the claimant

should be treated as having limited capability for work-related activity; or

(c) in the case of a woman, she is pregnant and there is a serious risk of damage to her health

or to the health of her unborn child if she does not refrain from work-related activity.

(2) A claimant who does not have limited capability for work-related activity as determined in

accordance with regulation 34(1) is to be treated as having limited capability for work-related

activity if—

(a) the claimant suffers from some specific disease or bodily or mental disablement; and

(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

legislation.gov.uk/uksi/200...

There are exceptional circumstances which can be used to support your claim when symptoms like pain, fatigue, depression and any symptoms which would worsen as a result of work and could lead to a serious deterioration in health or a relapse.

The main body of the regulations above is;

Exceptional Circumstances, as it states that .this applies if 'The claimant suffers from some specific disease or bodily or mental function,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 found not to have limited capability for work-related activity

Therefore if any WRAG group activity that will lead to a deterioration in your condition either mentally or physically under Regulation 35 you should therefore not be placed in WRAG, if you can prove that your condition will suffer as a result.

In fact it is mentioned here in this Disability Law Service factsheet on Page 6, link below;

dls.org.uk/advice/Factsheet...

I think many of us could say that our condition would worsen and potentially relapse, so it is helpful information to know.

I hope this helps, don't forget the many organisations you can ring for more advice most listed here on our Benefits & Fibro page of the website;

fibroaction.org/Pages/Benef...

Also anyone who needs benefit information, please do email us as we can send you out benefits guides as mentioned in the link below which many have reported to have been a great help inthe past

Email address: info@fibroaction.org

I look forward to receiving your email

Best Wishes

Emma :)

FibroAction Administrator

14 Replies

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  • I have been receiving ESA for just over 2 years, and I have recently been moved from the Working Links programme to the WRAG. With Working Links, all I had was fortnightly phone assessments because I suffer from fibromyalgia, depression, and panic attacks. I can't leave the house alone, yet I've been told by the job centre that I have to attend a six week course, and if I refuse, I could be sanctioned and lose some of my ESA. I failed to get the points needed to be placed in the support group, and when I appealed by telephone, I was refused again. I am in such a state, I can't even face doing the course, let alone go out to work. I'm in constant pain with the fibromyalgia, and have panic attacks daily. I live alone, so when I had my ATOS health check, I had to say that I can get myself washed, dressed, etc....because I have no choice, but it's so painful. Sometimes I'm housebound for days on end because I can't get out of the house. Please can you advise me how I can get placed in the support group, and if there are any other benefits I could claim as well as ESA? I'm not good at filling in forms etc so would really appreciate any help. Thank you :-)

  • Although I have not claimed on my behalf, several years ago we had to put in a claim for my Husband, I have to say that when I saw the size of the form pages and pages to fill in I just went blank, a friend advised us about CAB and they took over from me. My question is, how on earth does everyone cope with all this, it is almost like you have to beg for help from a system we paid into, I realise there is only a certain amount of lolly to go round however you would think the word of Drs and the many experts we see would be enough for more speedy outcomes than people are receiving now. To have to do all this when you have this debilitating illness, well I think its an outrage how they treat people. I left work due to Fibro around 12 years ago then my Husband had a stroke after the loss of our Son and knowing all this we still had to go to every meeting I wheeled my Husband around his workplace with occ health lady and only then was it decided that he was unfit for work. Sorry for ranting done now.XX LOU

  • Neglected to say I would have sunk without trace without the great advice on this Forum and I thakyou all for that. XX Lou

  • Hello Dianne 88

    I can't believe you are being put through this please contact CAB ASAP

    can your GP help if you have a flare because of the stress you won't be able to go there must be something in place for this surely . Mind one of the GP at my surgery does not believe in fibro or my other condition he think I should stop drinking alcohol ( which I don't i have nt ever been big drinker and I have never had alcohol for maybe 15 years ) they always put that I'm self caring but I'm not they have no idea I don't know how to make them change but I do like my GP who is better but sadly I'm at the best surgery in my area

    Good luck

    Best wishes

    Squeak xxxx

    Ps if you do this course they won't see your pain and push your harder as they will think you have achieved it I'm sure you will be looked after by CAB xxx

  • Thank you so much for this Emma, I am certain it will help many of the members.

    Take care

    Ken x

  • Emma

    I can not thank you enough for all the help and advice you provide for us member

    We would be lost without you

    Thank you so much I hope you realise how much this means to me and I'm sure others that have to battle with ESA DLA and now dreaded PIP

    Best wishes squeak xxxx

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Hello Nelilove,

    Please can I mention that you are welcome to email us using info@fibroaction.org for information guides on PIP.

    We'd be happy to send them to you

    Best wishes

    Emma :)

    FibroAction Administrator

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

  • Wow, this is great information. Thank you so very much. I've been on ESA for a couple of years or more and after an atos assessment in my home I was put in the support group. I've also recently been diagnosed with p.t.s.d, I think I might be entitled to the p.ip benefit but find it all so over whelming so I'm trying to find help. I tried for d.la about 4 years ago and got knocked back and I couldn't cope with the appeals process. Thank you neli x

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