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

Conciousness during waking moments & migraine suffer

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Is there any recent case law on this descriptor? f I recall correctly, R(IB)2/07 put the kybosh on migraine suffers attracting points in relation to altered conciousness but I have a vague bell ringing (probably due to altered conciousness on my own part!)

Any contributions gratefully received.

ROBBO
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Welfare rights team - Stockport Advice

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The commentary in the new legislation volumes points out -  ‘With no reference now being made to ‘epileptic or similar seizures’ and the descriptors referring to ‘significantly disrupted awareness or concentration’, the strict and narrow approach in R(IB)2/07(T) is no longer warranted.’

It goes on to say more, of course, but ultimately suggests the argument can be made.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Thanks- appreciated.

Jon Shaw
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Welfare Rights Service, CPAG

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http://www.osscsc.gov.uk/Aspx/view.aspx?id=3256

This (now reported) case makes clear that the test is not the same as that in R(IB) 2/07 (referencing the commentary highlighted above) and is not affected by the March 2011 changes.

I just hope that the link works (or Ros posts a link to the summary…)

Jon

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Thanks Jon- that’s brilliant.

I was beginning to think I had imagined it!

Ros
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editor, rightsnet.org.uk

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hi john - link is fine - cheers ros