ESA new regs substantial risk

Hello all,

with the new rules that changed in jan 2013, does the reasonable adjustment in the work place and taking prescribed medication from a doctor which reduces the risk relate to both parts of the exceptional circumstances rule, work related activity group and support group.

Is the rule the same for the support group.

i am a bit confused

regards

gazzmg

Hi gazz,

The only 28/01/13 amendment to ESA Reg 35, was with regards to treatment received by claimants diagnosed with Cancer :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From :

www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

bro58

hi bro58,

how will this affect a person with mental illness who starts and stops the medication over a course of a couple of weeks and then starts there medication again which exceberates symptoms over the course of them couple of weeks.

I take medication but it doesnt work fully i have symptoms on the medication it does not releive symptoms fully

Would this rule affect me if my medication doesnt work fully,

Would they take into account of your symptoms that could be a substantial risk

thanks

gazz

gazzmg wrote: hi bro58,

how will this affect a person with mental illness who starts and stops the medication over a course of a couple of weeks and then starts there medication again which exceberates symptoms over the course of them couple of weeks.

I take medication but it doesnt work fully i have symptoms on the medication it does not releive symptoms fully

Would this rule affect me if my medication doesnt work fully,

Would they take into account of your symptoms that could be a substantial risk

thanks

gazz

Hi g,

As Gordon has advised, the 28/01/13 amendments regarding "Subtantial Risk" only apply to ESA Reg 29 and WRAG entry :

ESA Reg 29 for entry to The WRAG (LCW)

PLUS Post 28/01/13 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

My best advice would be to include all side effects that you suffer as a result of having to take prescribed medication, and let ATOS/DWP pick the bones out of it.

You should also detail any "Substantial Risk" that you may suffer, and provide medical evidence to substantiate it.

This subject is covered in our : ESA Claims Guides

There is also information on how the DM should deal with this issue in the amendment to The DM Guide on LCW and LCWRA :

DM Guide LCW & LCWRA

&

DM Guide ESA Amendments from 28/01/13

bro58

Hello all

Does the first test apply first or can you bypass the first test and be put into the support group based on exceptional circumstances

I think what i am trying to say does the first part for wrag considered first or are they considered separatley for the support group

its a bit confusing why they havent put the medication part reducing risk in the support group exceptional circumstances part for substantial risk

i hope i make sense

thanks in advance