Limited capability for work exceptional circumstances regulations

Step 3 Are you covered by the limited capability for work exceptional circumstances regulations?
Even though you aren’t exempt and didn’t score enough points, you will still be found to have limited capability for work if either of the following apply:

• You are suffering from a life threatening disease which is uncontrollable or uncontrolled by a recognised therapeutic procedure. Or
• Because of your physical or mental health condition or disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work.

Yes, I am covered.
If the decision maker agrees, you will at least be eligible for ESA with a work related activity component. Now move on to Step 6 Are you covered by the limited capability for work-related activity (support group) exceptional circumstances regulations? to see if you can get the higher paying support component instead.

No, I'm not covered.
If the decision maker agrees with your assessment, you will have to claim JSA instead of ESA. But please do not make any decisions about your future based on this self-assessment test, always seek advice from an independent advice agency.

Back to the start page