SAR

sorry dont know how thing got on the end of thanks

Bud wrote: Hi Should ESA reg 29 be on one of these SAR forms, because I cannot see anything on this.

Also, Iam sure, I read here that ESA reg 29 can also get you in the support group is that correct. Thanksthing

Hi B,

It should be recorded on the ESA85A, and/or The LT54, why you were assessed as LCW and placed into the WRAG.

The only way to be sure, is to make a written request specifically asking on which ESA Regulation or Descriptors you were assessed as having LCW, and placed into the WRAG.

ESA Reg 29 covers the Exceptional Circumstances Rules for entry to The WRAG.

ESA Reg 35 covers the Exceptional Circumstances Rules for entry to The SG.

ESA REG 35 :

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

They generally only apply ESA Regs 29 or 35, which are classed as non functional descriptors, when the claimant doesn't qualify under any of the WRAG or SG Functional Descriptors, in Schedule 2 or Schedule 3.

bro58

Bud wrote: sorry dont know how thing got on the end of thanks

Hi B,

I was wondering about that, it made me smile anyway.

Don't worry, I have been called far worse.

bro58

Hi
What I have got on theLT54

I have also determined that by reason of his physical condition none of the descriptors set out in shedule 3 to the ESA Regulations apply. He does not have limited capabilty for work related activity. He will be placed in the work related group.

Nothing in the ESA85a

I do not no why reg 29 applies to me

Bud wrote: Hi
What I have got on theLT54

I have also determined that by reason of his physical condition none of the descriptors set out in shedule 3 to the ESA Regulations apply. He does not have limited capabilty for work related activity. He will be placed in the work related group.

Nothing in the ESA85a

I do not no why reg 29 applies to me

That means that you do not qualify for The SG by fulfilling any of The SG (LCWRA) Schedule 3 Functional Descriptors :

SG (LCWRA)Schedule 3 Descriptors

If you don't qualify under any of the other reasons in Reg 29 the most common reason is ESA Reg 29 (2) (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."

i.e. Substantial Risk

bro58

Hi Bro
Sorry for being thick but what does substantial risk actually mean