Likewise, is it advisable to mention the Support Group with reference to "Exceptional Circumstances"?
It is essential that if Section 35(2)(a)(b) of The Employment and Support Allowance Regulations 2008 are put in issue by a claimant, it must be shown specifically why they believe they may satisfy this Regulation?
This is the single exception where the claimant must discharge the burden of proof as opposed to the Secretary of State, by way of an ESA supersession initiated by the DWP. A claimant has to demonstrate on the balance of probabilities that the criteria are met whereby he/she 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-related activity.
