To follow on from the discussion about the changes to regs 29 & 35.
I have obtained the attached documents under a FOI. These show why SSAC did not go out to consultation on these changes.
The DWP document is long, so I have highlighted references to regs 29 & 35. It is, I think, misleading because it states that the changes are concerned with restoring the original policy intention. I don’t recall any original policy intention about taking medication or adjustments in the workplace and arguably the changes go further than what was originally proposed for ESA.
There is also no equality impact assessment for the changes, except for cancer patients.
This may raise the possibility of a Howker type challenge to the vires of the amendments.
While the changes may be often unworkable in practice, we know that decision makers will apply them in a certain way in order to refuse more exceptional circumstances awards.
