DWP definition of "Work"?

Hi Steve

DWP definitions are irrelevant at an appeal tribunal, only the law is considered. I don’t think there is a legal definition of work for ESA purposes, but it is not an important consideration.

The fundamental objective for an ESA appeal is to demonstrate that you have ‘limited capacity for work’ (assuming you are not appealing to get into the support group). This is defined in Part 5 of the Employment and Support Allowance Regulations 2008, but it is not necessary to read all the regulations as the key parts in relation to the WCA are quoted in the ESA guides in the members’ area. In a nutshell, you have to demonstrate that as a result of your disability, and the way it affects your day-to-day life, you satisfy the WCA test by scoring at least 15 points.

The idea behind this test was that if you pass it you can't work, but if you fail it, you can! You probably don't agree with that, but as it is now in law you have to demonstrate on appeal that you should pass the test.

If you cannot do this, you can try to demonstrate that you satisfy the ‘exceptional circumstances’ regulation (substantial risk to your health if found fit for work). There is no harm in making both arguments, that you should score enough points and that you satisfy the exceptional circumstances. Although it’s call ‘exceptional’ circumstances, I think anyone who is not well enough to work could argue a case that there health could be substantially put at risk if found fit for work; I will certainly put forward a case for it if I have to appeal.

Your original question about what’s considered reasonable work may be relevant for exceptional circumstances. Case law is divided on this and it is very much up to the tribunal to decide, but generally they consider the type of work you would be expected to do if found fit for work and your previous occupation, and whether or not undertaking these jobs would put your health at risk.

Hope this is helpful

Derek

work is someting you do physical or mental to earn a wage, work is what people will pay you to do so they dont have to do it or they can make money from your efforts

you might work for a company you might work for yourself

with regards affect on you they should take note of affect on physical and mental health in saying someone is fit for work

but i can see a time soon where saying your very tired or have some pain because of what they are making you do is no excuse in the dwp eyes for not working ...... they will say you can recover at the weekend

there is a kind of presidenance for this in the way they look at getting your breath back when walking a certain distance

but i can see a time soon where saying your very tired or have some pain because of what they are making you do is no excuse in the dwp eyes for not working

And allege that "stress" is good for people into the bargain, not to mention the incentive of low pay, to get those in lesser-ranking jobs to work harder... are they really too stupid -- or insulated from reality -- to factor in the grudges, low-flashpoint and intensity of temper such strains can also tend to induce.
But, troughing and safely guarded far away, maybe the fatcats who rule just don't care anyhow.

...... they will say you can recover at the weekend

Indeed so, or at least to that effect --- which surely ought to raise a philosophical/socio-economic debate on what the heck's the point of living anyway; and does the system exist to serve the people, or do the people exist to serve the system -- but of course this being Britain it won't.