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Special Reasons for support group missing ?

  • originaldave
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13 years 9 months ago #47084 by originaldave
Special Reasons for support group missing ? was created by originaldave
Like many I have been looking at this stuff :)

www.legislation.gov.uk/uksi/2011/228/made/data.pdf

Now I was aimed at page 9 which tells you what gets you in the support group... but I can find the other ways you can get in at present for example something is wrong with you and its not controlled by normal drug treatment ect ect and a couple of other ways have they gone now ? I am sure they formed part of ESA too ?

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13 years 9 months ago #47087 by cdcdi1911
Replied by cdcdi1911 on topic Re: Special Reasons for support group missing ?
The legislation that you are looking at are just the amendments and only detail the changes. The Employment and Support Allowance Regulations 2008 (that have not been amended since) are still in force, and you can read them on the same website.

Unfortunately for secondary legislation they don't publish the full current legislation, but I think the DWP site does, when they have updated their volumes.

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13 years 9 months ago #47090 by Gordon
Dave

You need to remember this is an amendment to an existing act, infact there is at least one prior amendment, which provided for the IB transfer.

The amendment adds, replaces and removes words, phrases, sentences, even paragraphs of another piece of documentation. However, what is not changed, or deleted from the original act, still stays in place.

The criteria you are talking about are not part of Schedule 2 (Limited Capability for Work) or Schedule 3 (Limited Capability for Work Related Activity) and as far as I am aware, they remain in place from the original 2008 regulations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • originaldave
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13 years 9 months ago #47093 by originaldave
Replied by originaldave on topic Re: Special Reasons for support group missing ?
DepressedDerek wrote:

The legislation that you are looking at are just the amendments and only detail the changes. The Employment and Support Allowance Regulations 2008 (that have not been amended since) are still in force, and you can read them on the same website.

Unfortunately for secondary legislation they don't publish the full current legislation, but I think the DWP site does, when they have updated their volumes.


Thanks found what I was looking for
Exceptional circumstances
29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.
(2) This paragraph applies if—
(a)the claimant is suffering from a life threatening disease in relation to which—
(i)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or
(b)the claimant suffers from some specific disease or bodily or mental disablement and, 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.

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