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Regulation 29 and 35.
- Steve Blue
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11 years 5 months ago - 11 years 5 months ago #115359 by Steve Blue
Regulation 29 and 35. was created by Steve Blue
A friend of mine has suggested that I look into regulation 29 and 35 - more specifically in my dad's case who has a hearing with HM Courts pending following the decision made by the DWP to not include him in the support group. I was advised that a letter could be completed by my dad's GP and submitted at his tribunal or sent beforehand.
Have you any idea what this is?
And if you do... Is it helpful?
Have you any idea what this is?
And if you do... Is it helpful?
Last edit: 11 years 5 months ago by Gordon.
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11 years 5 months ago #115369 by Gordon
In principal you can do this, the difficulty you have is that you must show that at time the Decision being appealed was made (11/12?), that one or both of these Regulations applied.
A doctor's statement may be sufficient, but the DWP usually expect there to be specific evidence to support it, also is assumes that his GP is prepared to make such a statement in regard to your Dad's health a year after the event. Any letter must identify the cause of the restriction and why it would be an issue to your father, for Reg.35 it should also identify the types of Work Related Activity that your father would be expected to perform if not exempted.
Have a look at the ESA Claim guides for more details, as the Decision was before 28 January 2013 you need to use the previous version of the guides, not the latest.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Regulation 29 and 35.
Bluebear wrote: A friend of mine has suggested that I look into regulation 29 and 35 - more specifically in my dad's case who has a hearing with HM Courts pending following the decision made by the DWP to not include him in the support group. I was advised that a letter could be completed by my dad's GP and submitted at his tribunal or sent beforehand.
Have you any idea what this is?
And if you do... Is it helpful?
In principal you can do this, the difficulty you have is that you must show that at time the Decision being appealed was made (11/12?), that one or both of these Regulations applied.
A doctor's statement may be sufficient, but the DWP usually expect there to be specific evidence to support it, also is assumes that his GP is prepared to make such a statement in regard to your Dad's health a year after the event. Any letter must identify the cause of the restriction and why it would be an issue to your father, for Reg.35 it should also identify the types of Work Related Activity that your father would be expected to perform if not exempted.
Have a look at the ESA Claim guides for more details, as the Decision was before 28 January 2013 you need to use the previous version of the guides, not the latest.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue
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- Steve Blue
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11 years 5 months ago #115372 by Steve Blue
Replied by Steve Blue on topic Regulation 29 and 35.
Thank you 
But sounds complicated 
But sounds complicated Please Log in or Create an account to join the conversation.
- bro58
11 years 5 months ago - 11 years 5 months ago #115396 by bro58
Replied by bro58 on topic Regulation 29 and 35.
Hi Bb,
For Dad to qualify for The SG under ESA Reg 35, he would first have to prove that he : "the claimant suffers from some specific disease or bodily or mental disablement"
As at ESA Reg 35 (2) (a)
Then he would have to prove that : "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"
As at ESA Reg 35 (2) (b)
ESA Reg 35 for entry to The SG (LCWRA)
In other words he would have to provide evidence that he suffered from a specific physical disease or mental disablement, and due to this that he or someone else would suffer "Substantial Risk" if he was compelled to take part in any Work Related Activity (WRA).
e.g. Interviews, Courses, Training, Assessments, etc, etc.
Of course, the DWP may say that telephone interviews are actually WRA.
bro58
For Dad to qualify for The SG under ESA Reg 35, he would first have to prove that he : "the claimant suffers from some specific disease or bodily or mental disablement"
As at ESA Reg 35 (2) (a)
Then he would have to prove that : "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"
As at ESA Reg 35 (2) (b)
ESA Reg 35 for entry to The SG (LCWRA)
In other words he would have to provide evidence that he suffered from a specific physical disease or mental disablement, and due to this that he or someone else would suffer "Substantial Risk" if he was compelled to take part in any Work Related Activity (WRA).
e.g. Interviews, Courses, Training, Assessments, etc, etc.
Of course, the DWP may say that telephone interviews are actually WRA.
bro58
Last edit: 11 years 5 months ago by bro58.
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