I am writing about the recent court case where it was decided that DWP would have to provide evidence that people under exceptional circumstances on mental health grounds should not be placed in the support group, and that the DWP were appealing this decision.
Does this mean that if you put in an ESA50 and cite exceptional circumstances on mental health grounds, that, you will be turned down for it, and it will have to go to tribunal to be decided?
Just to be clear the ruling did not prevent claimants with MH problems from being placed in the SG under Regulation 35 (Exceptional Circumstances), rather it stated that the DWP would need to provide examples of any Work Related Activity that the claimant would be required to do if they contested such a placement, it was this that the DWP challenged.
However, the DWP have withdrawn their appeal and there should now be no issues associated with this route to the SG other than showing that your performing WRA would be a danger to your health or that of others (shortened version), this can be accepted by the DWP or if not pursued through an appeal, which is no different from what it has always been.
I hope this explains it better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.
