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However, the DWP have withdrawn their appeal and there should now be no issues associated with this route to the SG other than showing that your performing WRA would be a danger to your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
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