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exceptional circumstances NFD
- gazzmg
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10 years 7 months ago - 10 years 7 months ago #110182 by gazzmg
exceptional circumstances NFD was created by gazzmg
Exceptional Circumstance NFD
In the wca handbook 2013 it says
“It may also apply to a claimant with a psychotic illness who as a result demonstrates completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis”.
Is this separate than the normal reasons for exceptional circumstances or does this mean if you are completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis you pass the exceptional circumstances rule and therefore awarded the support group if you fit this part of nfd rule
I am not sure who this really applies to because extreme violence is rare, would it apply to someone who committed a crime of extreme violence then argued they should be put into support group due to there psychotic illness
In the wca handbook 2013 it says
“It may also apply to a claimant with a psychotic illness who as a result demonstrates completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis”.
Is this separate than the normal reasons for exceptional circumstances or does this mean if you are completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis you pass the exceptional circumstances rule and therefore awarded the support group if you fit this part of nfd rule
I am not sure who this really applies to because extreme violence is rare, would it apply to someone who committed a crime of extreme violence then argued they should be put into support group due to there psychotic illness
Last edit: 10 years 7 months ago by . Reason: Tick.
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- Gordon
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10 years 7 months ago #110189 by Gordon
The WCA Handbook is a guidance document for ATOS assessor it does not constitute a legal definition of the ESA Descriptors or Regulations.
Regulation 35 reads (in part)
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.
As you can see no references to the a psychotic illness, behaviour, etc.
The onus is on the claimant to show that they meet the requirements for Reg.35.
There is no clear definition of Work Related Activity, but it is certainly reasonable to assume that it includes interacting with other people, at least in part, so it is possible to argue that dangerous behaviour would preclude this, but it is at the discretion of the DWP Decision Maker as to whether they accept this.
The more information; frequency, degree, etc., that is provided the better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic exceptional circumstances NFD
gazzmg wrote: Exceptional Circumstance NFD
In the wca handbook 2013 it says
“It may also apply to a claimant with a psychotic illness who as a result demonstrates completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis”.
Is this separate than the normal reasons for exceptional circumstances or does this mean if you are completely unpredictable and potentially dangerous behaviour such as extreme violence but not on a daily basis you pass the exceptional circumstances rule and therefore awarded the support group if you fit this part of nfd rule
I am not sure who this really applies to because extreme violence is rare, would it apply to someone who committed a crime of extreme violence then argued they should be put into support group due to there psychotic illness
The WCA Handbook is a guidance document for ATOS assessor it does not constitute a legal definition of the ESA Descriptors or Regulations.
Regulation 35 reads (in part)
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.
As you can see no references to the a psychotic illness, behaviour, etc.
The onus is on the claimant to show that they meet the requirements for Reg.35.
There is no clear definition of Work Related Activity, but it is certainly reasonable to assume that it includes interacting with other people, at least in part, so it is possible to argue that dangerous behaviour would preclude this, but it is at the discretion of the DWP Decision Maker as to whether they accept this.
The more information; frequency, degree, etc., that is provided the better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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