Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
  • Page:
  • 1

TOPIC: epilepsy and reg 35 substantial risk?

epilepsy and reg 35 substantial risk? 9 months 5 days ago #217683

Hi, i will be sending my esa renewal form back and I am currently in the support group. I suffer from epilepsy.

From what i can see from the form i would fulfill the question for 15pts of consciousness during waking moments. Which with 15pts i understand would get me into the Work related group.

In my last ESA renewal i was initially put into the work related group but because i am contribution based i was told i had used up my 365 days allowance and wouldnt be able to receive any money. I appealed and i tried going down the route of substantial risk (reg 35 i think it is) to get me into the support group.

Before the appeal went to court the dwp pulled out, changed their decision and put me into the support group, i was pregnant at the time so i suspect it was because of this.

However this time im not pregnant and with the losing of bladder and bowel question stipulating while conscious i dont think there is anything other than substantial risk, reg 35 that i can get into the support group for. Do you think there is any way someone with epilepsy can get awarded points for losing bladder and bowels while conscious? the end result is the same for me as someone who is conscious, i have to have my clothes changes and i wet myself in front of other people, i have no control over it.

I have asked my doctor for a letter as i need my my or partner to be with me to give me rescue medication that we need to carry around with us all the time and they have been given training in this. Do you think i would be able to use this under the substantial risk element? I have asked the doctor if she can use the wording substantial risk to carry out work related activities but im not sure if this will be enough for the dwp.

I cant remember (memory is very bad) but im sure i have not used my 365 days as each time i got placed into the support group after appealing against being in the work related group. Is there a way i can get a copy of all decisions on my ESA? I have paperwork for some of it but not all of it and i used to be on IB as well so it is a bit confusing.
what type of request would i need to put in for that?

sorry for the long post. Any advice is appreciated.

Please Log in or Create an account to join the conversation.

epilepsy and reg 35 substantial risk? 9 months 5 days ago #217696


It is worth your mentioning your continence problems when you have a seizure but the DWP guidance specifically excludes this situation from scoring for the activity and I cannot see any challenge to this at an Upper Tier Tribunal.

Our ESA Claim guides cover the current guidance for Substantial Risk in far more detail than I can here.

Whilst the rescue medication may be an important issue, it is important to understand the wording of Regulation 35 and that the Substantial Risk of harm must be connected to you being required to perform Work Related Activity.

If the time you spent outside the Support Group was replaced by an SG award then it may well be that you have not used up your 365 days. You can try contacting the DWP office dealing with your claim to see if they can provide a list of your previous Decisions.


Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: GordonSarah MartinGaryBISTraceyJayneL