DWP definition of "Work"?

Hi Stephen,

Dont know what DWP definition of work is but my own opinion on the definition is being able to give regular and efficient service.

Meaning, committing to regular hours and being in the position to adhere to all aspects of the job.

Kathy

Hi Steve

I’m not an expert in reading law but I think Regulation 27 which you mentioned may well be in your favour. If you condition is such that it makes work impossible or unreasonable you can make a case that you satisfy Regulation 29 (exceptional circumstances).

As far as the WCA is concerned, you need to focus on your ability to carry out the activities rather than your ability to work. The mental health descriptors often use words like ‘on a daily basis’, ‘for most days’, ‘frequently’, etc, which gives you some idea of the requirement. For the physical health descriptors there is less mention of frequency, but it is generally accepted that they have to be performed with reasonable regularity.

Therefore, if there is an activity that you can do in the morning but cannot to for the rest of the day or need several hours to recover, you could argue that you are unable to carry out that activity for the purpose of the Work Capacity Assessment.

Have a look at this Disability Alliance page regarding reasonable regularity case law. You can search Google for the Commissioner Decisions. Although they are IB cases they are relevant to ESA.

You also need to consider whether ME/CFS is both a mental and physical illness, in which case you could score points in both tests.

Best of luck

Derek

Hi Steve,Although this is not entirelly relating to your post, If you look up WWW. Parliament UK. And go to Handsard there is information on there relating to CFS/ME. And debates where fluctuating illnesses to be taken in to account by the DMs And Doctors. It was raised over 15 years ago and still it seems they are still going on about it. But they are supposed to take it all in to account at your medical and not make snap shot assumptions of how you are on the day, but how you are in general ie; over say a few days or week to week. Though looking at some posts on this site they dont take a bit of notice of what you say. Hope this helps, Best Wishes

Hi Steve

I've just noticed on the Disability Alliance page that CIB/14969/1996 states that where incapacity varies during the day it is treated as existing throughout the day (under reg 15 SS(IW) Regs).

That is the equivalent of ESA Regulation 27 that you mentioned earlier (same wording) so it looks like you can use it to support your case.

Derek

Steve..Certain definitions are contained in the individual Acts and Regulations but if not, eventually they revert to the literal sense of the word in the dictionary. e.g “Physical or mental effort or activity directed toward the production or accomplishment of something”.

The easiest way if you have the time is to obtain a definition from the DWP using the freedom of information form on their website. I did this recently with the definition of “medical examination” to be told that benefit claimants do not have medical examinations but rather a medical assessment.

My letters do say examinations. This is then made worse by HCPs being trained as disability analysts and receiving a diploma in Occupational Medicine to be approved by the Secretary of State, all gently moving away from the original meaning and allowing possible grounds to contest their intended actions and afterwards on appeal.