esa decision

hi, receive decision this morning on my reconsideration decision and its unchanged, a bit disappointed as I was expecting to be placed in the support group instead of the work group.
I qualified under the exceptional rules act I was accepted on regulation 29 but not on rule 35 can anyone explain what these mean?
many thanks

edward wrote: hi, receive decision this morning on my reconsideration decision and its unchanged, a bit disappointed as I was expecting to be placed in the support group instead of the work group.
I qualified under the exceptional rules act I was accepted on regulation 29 but not on rule 35 can anyone explain what these mean?
many thanks

Hi e,

I am sorry to hear that your MR to be placed into The SG was unsuccessful.

If you now wish to appeal the MR decision, you can do so by submitting the SSCS1 Form direct to The Tribunals Service.

Information on how to proceed is provided in the links that I have posted previously in this topic thread.

ESA Reg 29 & 35, are the Exceptional Circumstances Rules to gain entry to The WRAG or The SG respectively.

Whereas the normal WRAG Schedule 2 Descriptors and The SG Schedule 3 Descriptors are classed as Functional Descriptors (FD), Regs 29 and 35 are classed as Non Functional Descriptors (NFD).

Where a claimant does not qualify under The normal WRAG FD, it would then be considered whether the can qualify under ESA Reg 29 (NFD).

So you can gain entry to the WRAG by qualifying under the WRAG FD or ESA Reg 29 NFD.

Likewise, you can qualify for the SG, under The SG FD or ESA Reg 35 NFD.

The main difference between ESA Reg 29 & ESA Reg 35 is that ESA Reg 29 gives an assessment of Limited Capability for Work (LCW) entry to The WRAG.

ESA Reg 35 gives an assessment of Limited Capability for Work Related Activity (LCWRA) entry to The SG.

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

&

ESA Reg 35 for entry to The SG (LCWRA)

In other words, they feel that there would be a "substantial risk" to your own or another person's mental or physical health if you were found not to have LCW (not in The WRAG/fit for work)

However, this "substantial risk" would not exist if you were found not to have LCWRA. (no risk if not placed into SG, you are fit for WRA)

This is covered in :

Qualifying for the WRAG

Qualifying for the Support Group

And our : ESA Claims Guides

bro58

hi thanks for the quick reply, the decision maker says on the decision that they didn't have enough information at this time to warrant entry to the support group under section 35, is there anything I can do at this stage without going to appeal too add to the evidence or change there mind.
thanks