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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA regs regarding functional capability regularly and repeatedly

Gail Knight
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Welfare rights - Halton Council

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Total Posts: 104

Joined: 13 July 2010

Hi can any one direct me to regs regarding the above.  A claimant needing to be assessed if they can carry out the descriptors regularly and repeatedly and not just once at a LCW assesment Thanks

Chris Orr
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Glasgow City Council Appeals Team

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I attended an oral hearing on just this point at the Upper Tribunal the other day. The advocate represeting the S. of S conceded
that reasonable regularity for ESA was just the same as IVB and CIB 14587/96 was to be followed. Upper Tribunal Judge Gamble agreed (CSE/421/10). If you want a copy post a fax number.

Gail Knight
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Welfare rights - Halton Council

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Total Posts: 104

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Thank you fax number is 0151 471 7308 F.A.O Gail Knight

Ros
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editor, rightsnet.org.uk

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Joined: 6 June 2010

hi
see also CE/1737/2010 where Judge Wikeley said that, in broad terms, regulation 34(2) of the ESA Regulations 2008 appears to put on a statutory footing for ESA purposes the ‘reasonable regularity’ test approved by the Tribunal of three Social Security Commissioners in reported decision R(IB) 2/99 in the context of incapacity benefit.

attached link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/eligibility-for-support-group/