Additional Information

summertrain wrote: Can you suggest any wording that I might put on the form to claim exceptional circumstances? My GP in his supporting letter does in fact indicate that I would be at risk if I were found fit for work.

Your letter needs to address each of the requirements detailed in the Exceptional Circumstances Regulations

For 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) Subject to paragraph (3) this paragraph applies if–

(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.

2(3) Paragraph (2)(b) does not apply where the risk could be reduced by a significant amount by–

(a) reasonable adjustments being made in the claimant’s workplace; or
(b) the claimant taking medication to manage the claimant’s condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.


For Regulation 35

35.—(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.

I've bolded the key areas you need to address.

- you must identify the condition that would lead to the risk
- you must identify the risk and it must be reasonably considered as substantial
- you must identify what would harm could be done

For Reg. 29

- you must identify the activities that would lead to the risk, this covers everything from travelling to work, working and then returning home.
- you must explain why reasonable adjustments would not help.
- you must explain why your prescribed medication cannot overcome the risk.

For Reg.35

- you must explain why any Work Related Activity would pose a risk, WRA includes interviews you might be asked to attend at your local JC+ or over the phone, training and providing documentation such as a CV.

Gordon