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

Repeatedly

Steve_h
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Welfare Rights- AIW Health

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Total Posts: 193

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Is there any case law in relation to the word repeatedly as used in descriptor 1 in schedule 3?

To my mind, this is different to repeated as used for the night time care condition for DLA. In that context repeated means twice or more.

Repeatedly means again and again, which must be more than twice.

Or am I wrong?

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Steve_h - 13 March 2013 08:49 AM

Is there any case law in relation to the word repeatedly as used in descriptor 1 in schedule 3?

To my mind, this is different to repeated as used for the night time care condition for DLA. In that context repeated means twice or more.

Repeatedly means again and again, which must be more than twice.

Or am I wrong?

Unsure of whether any specific case law. WCA handbook states the following:

“If a person can perform a task but is unable to repeat it within a reasonable timescale the person should be considered unable to perform the task. For example, the HCP should consider what would be expected of an individual who did not have an impairment of their ability to mobilise. That is, a ‘normal’ individual would be able to perform this activity within a given time period and repeat that activity again after a reasonable rest period. The duration of the reasonable rest period can then serve as a basis for comparison to gauge the range of what is ‘reasonable’.”

So there you go. Not ambiguous or vague in the slightest…