High rate DLA care

does my client still have an exemption to WCA if in receipt of higher DLA(care)

No

cheers nevip..

a late appeal it is then….  o))

Unfortunately not - needs to fit into one of the categories of “treated as” having limited capability for work and may still need to be assessed for work related activity unless also in one of the “treated as” categories for that.

The law is in s20 ESA (limited capability for work) and s35 (limited capability for work related activity) of the ESA Regs 2008. There’s also s26 which deals with those who are treated as having limited capability on days of treatement with and recovery from certain specified types of treatments.