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what is regulation 34 (1) in relation to ESA?

  • nik
  • Topic Author
12 years 1 week ago - 12 years 1 week ago #103241 by nik
hi there i am in process of appealing esa wrag group, and trying to get some supporting documentation from my gp ( wish me luck!)

I have come across the draft letters for gp regarding reg 35 and need to check something out.
what is regulation 34 (1)???

xxxxxxx 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 function 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


is reg 34(1) the descriptors for support group?

I do clearly meet 3 descriptors for the support group and shall be asking for my gp to provide written evidence to support that fact, but in addition I really feel strongly that reg 35 should be additionally applied in my case - since i have been a vigorous RTW and gruelling ill health retirement process and have been granted ill health retirement so the psychological effect of being placed in the WRAG puts my mental health at substantial risk as would the physical implications of trying to attend work related activity.

I understand that normally reg 35 is used if you dont meet the support descriptor criteria
( which i certainly do).. but i want it to be recognised as a part of my situation.

therefore it is very improant for me to understand what reg 34 (1) relates to before i present my GP with this information tomorrow.

Can anyone help cast some light on reg 34 (1) for me ?

many thanks
Last edit: 12 years 1 week ago by Gordon.

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12 years 1 week ago #103249 by Gordon
nik

Regulation 34 covers the "Determination of limited capability for work-related activity", in particular 34(1) would be relevant where a claimant has met one or more of the Support Group descriptors.

So by referring to it in Regulation 35, it is basically saying the Exceptional Circumstances can be invoked where a claimant has not met any of the SG descriptors.

Remember with Regulations 29 (WRAG) and 35 (SG), the burden of proof lies with the claimants, in addition, for Reg. 35 you must show that Work Related Activity, not just work, would be a danger to your health.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
12 years 1 week ago - 12 years 1 week ago #103252 by bro58
Last edit: 12 years 1 week ago by bro58.

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