noel wrote: Hello, I received a new LT54 after reconsideration (placed in SG from WRAG).
It says that having considered all evidence, I have determined that by reason of physical and mental health conditions none of the descriptors apply. However I have considered all the evidence and decided that Regulation 35 applies.
I was wondering if anyone could or if the time allows you to explain what this means for me, e.g., is this a positive regulation. I ask because I am always thinking about when the next questionnaire will turn up and will the use of this regulation in my previous ESA questionnaire help me when it comes to completing the many others that I guess will follow.
I have been ill for over twenty years and my illnesses are long term and are unlikely to improve, in fact my mental state has worsened since all these changes and I wondering whether to put that down on the new questionnaire when it does turn up! All this has done is made me worry even more so.
Also how likely is it to be that a different DM with a newly completed questionnaire will consider this Regulation 35 again for my case?
I would appreciate any information you could offer me,
Thank you , yet again Benefits and Work.
Hi n,
ESA Regulation 35 is classed as a "Non Functional Descriptor" (NFD).
It is generally used if it is felt that the claimant does not qualify for entry to The SG under any of the "Functional Descriptor" in the activities listed under Schedule 3, that gives entry to The SG.
See :
ESA Reg 35 &
SG (LCWRA) Descriptors, Schedule 3. If you do not fulfill any of the criteria under Reg 35 (1), it is highly likely that you have fulfilled it under Reg 35 (2), regarding "Substantial Risk".
If you wish to qualify once more under Reg 35, when you are reassessed, the onus will be on you to show that you would still suffer the "Substantial Risk", as on this occassion.
DM's are only supposed to consider Reg 35, if they feel that you do not qualify under the normal descriptors.
I would treat any future ESA50 as if it was to be viewed in a standalone capacity, in that they have no access to any historical data. In other words, treat it as if it was your first assessment, and don't assume that they already know anything with respect to your limitations.
bro58
