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Thread: what is the criteria from changing to ESA work related to Support

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    New Member angeldust43's Avatar
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    what is the criteria from changing to ESA work related to Support

    hi guys new to this and was wondering what is the criteria for support when your disability is physical....... i am currently getting work related, contribution based but my social worker says i should be getting support...

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    Quote Originally Posted by angeldust43 View Post
    hi guys new to this and was wondering what is the criteria for support when your disability is physical....... i am currently getting work related, contribution based but my social worker says i should be getting support...
    Regulation 35 of the Employment Support Allowances regulations covers the situations in which some one can be put in the support group.

    Certain claimants to be treated as having limited capability for work-related activity

    35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

    (a)the claimant is terminally ill;

    (b)the claimant is—

    (i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or

    (ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or

    (c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.

    (2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

    (a)the claimant suffers from some specific disease or bodily or mental disablement; and

    (b)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-related activity.

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    Senior Member Richard's Avatar
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    ….and incontinence

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