Speaking simple english ? Guidance to ESA

Having done the self assesement guide its totally confusing as it tells me I am in Support Group due to 2 of the requirements but then tells me Im in the WRAG because of the same 2 and I have a score of 96 then at the end there is a phrase "Unlike other support group descriptors, which all score 15 points in the test for the work-related activity group, there is no equivalent to these in relation to the work-related activity group. So a special regulation 3(2)( provides that they count as passing the test for the work-related activity group as well as the support group. "

What does that mean? Im not stupid by any means but does that not just contradict? Can someone explain how I can be down as support and WRAG and how does that statement translate into understanderle english please??

blueamber wrote: Having done the self assesement guide its totally confusing as it tells me I am in Support Group due to 2 of the requirements but then tells me Im in the WRAG because of the same 2 and I have a score of 96 then at the end there is a phrase "Unlike other support group descriptors, which all score 15 points in the test for the work-related activity group, there is no equivalent to these in relation to the work-related activity group. So a special regulation 3(2)( provides that they count as passing the test for the work-related activity group as well as the support group. "

What does that mean? Im not stupid by any means but does that not just contradict? Can someone explain how I can be down as support and WRAG and how does that statement translate into understanderle english please??

Hi ba,

Welcome to Benefits and Work

I can understand your confusion, please bare in mind that the ESA self test is purely a guide.

There are basically two tests for ESA qualification, even though they are carried out at the same time.

The first test is to see whether you have Limited Capability for Work (LCW) to be classed as having LCW, you must score a minimum of 15 points cumulatively across The :

WRAG (LCW)Schedule 2 Descriptors

If you score at least 15 points, then you have LCW and are placed into The WRAG.

Once it has been found that you have the minimum 15 points needed to be placed into The WRAG, you will then be assessed to see whether you also qualify for The Support Group, (SG) in that you fulfill at least one of The :

SG (LCWRA)Schedule 3 Descriptors

If it is then found that you do fulfill at least one of The SG Descriptors, (Which are not points based) you will be deemed as also having Limited Capability for Work Related Activity, (LCWRA) and you will be placed into The SG.

It is obvious that if you have LCWRA, then you also have LCW. However, you can have LCW, and not have LCWRA.

As you will see, some of The WRAG Descriptors that score the maximum 15 points correspond to some, but not all of The SG Descriptors.

Therefore, if you score the maximum 15 points on any of the WRAG Descriptors that also have a corresponding SG Descriptor, not only will you have LCW, (WRAG) you will also automatically have LCWRA (SG).

When you refer to "special regulation 3 (2)", I think that you mean ESA Reg 35 (2) which is the Exceptional Circumstances Rules for entry to The SG if you fail to qualify under any of The SG "Functional Descriptors" on the link provided above.

See ESA Reg 35 (2) (a) & (b)

" 35.(2) 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 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."

From :

ESA Reg 35 for entry to The SG (LCWRA)

Obviously again, if you are assessed as having LCWRA under ESA Reg 35 as above due to "Substantial Risk" then you must also have LCW.

To gain a better understanding may I suggest that you read our ESA Claims Guides under the heading of :

"New ESA50 form"

On this page :

ESA Claims Guides

I should also mention that if you fail to score the minimum requirement of 15 points to gain entry to The WRAG, that you can qualify for The WRAG under The Exceptional Circumstances Rules at :

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


Please reply to this topic if you have any further queries.

bro58