reg 35 and pip

could you use regulation35 for pip as I did for ESA support group. many thanks.peter

Peter wrote: could you use regulation35 for pip as I did for ESA support group. many thanks.peter

Hi P,

No, I am afraid not !!

ESA Reg 35 for entry to The SG (LCWRA)

PLUS Post 28/01/13 Amendment of :

(3) In regulation 35(1) (certain claimants to be treated as having limited capability for work-related activity)(6), for sub-paragraph (b) substitute—

“(b)the claimant is-

(i)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(ii)likely to receive such treatment within six months after the date of the determination of capability for work-related activity; or

(iii)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or”.

From : www.legislation.gov.uk/uksi/2012/3096/regulation/4/made

Is part of ESA legislation only, and allows an ESA claimant to gain entry to The SG under The Exceptional Circumstances Rule, if they cannot qualify for The SG under any of : The Functional SG (LCWRA)Schedule 3 Descriptors.

Generally, unless under the other criteria ESA. Reg 35. (2) (a) & (b) ;

"(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."

In that there would be a "Substantial Risk" to the health of the claimant or that of another if they were not placed into The SG, and had to take part in Work Related Activity. (WRA)

There is nothing to stop you using evidence/documentation from your ESA SG award as an aid to a PIP Claim if it is supportive of your PIP qualification.

The ways that you can qualify for PIP are covered in our : PIP Claims Guide. (2nd Link on page)

PIP Qualification is Points Based.

See also : PIP Self Test

bro58

thank you gordon

received pip application on January 5. Capita receive completed forms on 28 January.Today .receive letter for home assment on 16 Febuary.Will let you know how it goes.Regards Peter

had pip home medical today .lasted 1 hour and 5 minutes. The lady from capita was fine and it went well. Will let you know the outcome. regards peter

hi received .brown envelope today.Awarded standard rate.daily living, and enhanced rate of mobility for 3 years .Thank you benefits and work for all your help. Good luck members who are still wait ing for there results.Regardes Peter