Reg 35 ESA

Could you give me some idea re the content of reg 35 ESA.

Hello Janeroser,

Regulation 35

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

(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

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 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