Regulation 29

I've just represented a client who won their ESA appeal at a Tribunal. No descriptors from schedule 2 or 3 applied, no regulation 35. Awarded on regulation 29.

What's regulation 29?

As we'd won, and I was the representative, I didn't like to ask!

carmind wrote: I've just represented a client who won their ESA appeal at a Tribunal. No descriptors from schedule 2 or 3 applied, no regulation 35. Awarded on regulation 29.

What's regulation 29?

As we'd won, and I was the representative, I didn't like to ask!

Hi c,

It means that the appellant has been granted entry to The WRAG under the Exceptional Circumstances Rules, as under ESA Regulation 29 Non Functional Descriptors, see below :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Amendment of :

(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.”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/3/made

Probably ESA Reg 29 (2) (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."

Tribunals sometimes use this as an easy option rather than applying any of the functional descriptors from Schedule 2. (WRAG, LCW)

bro58

Little bit off topic so might get moved but if your placed in WRAG can ESA Reg 29 and 35 be used for getting into the support group?

Only ask as I was reading another site, they have some template letters for GP's and explanatory notes just not keen on showing my GP due to the logo as it's not one I would have considered so would remove it.

Fawlty wrote: Little bit off topic so might get moved but if your placed in WRAG can ESA Reg 29 and 35 be used for getting into the support group?

Only ask as I was reading another site, they have some template letters for GP's and explanatory notes just not keen on showing my GP due to the logo as it's not one I would have considered so would remove it.

Yes Basil,

ESA Regs 29 and 35 are generally applied by The DM, when they feel that non of the normal functional descriptors apply.

It is O.K. to use these regs as a back up regarding "Substantial Risk",but where possible one's main approach should be to try and qualify under the normal functional descriptors.

bro58

Thanks for the heads up Bro I will leave that out the letter I am sending to the DM regarding my ESA85A and use the regulations as a last resort. I know all documents should go to the appeal service when I get something through from them but no harm in making the DM aware of all the facts.

Thanks for the replies to my previous query.

So what's the difference between regulation 29 and 35?

Every previous deciision that involved regulation 35 meant that a client was placed in the Support Group; in this case he was put in the WRAG Group.