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

Can anyone help with a standing/sitting query?

Alice
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Community Care & Welfare Rights, Brighton Housing Trust

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Total Posts: 9

Joined: 27 June 2012

Hello!

I was under the impression that pre April 2013 this descriptor would apply if you were unable to stand OR sit for half an hour / one hour and that post April 13 the requirement was tightened so that you had to be able to unable to stand and sit in combination for the specified time in line with the change to the wording for this descriptor. So that decisions made prior to April should be based on the former literal interpretation of the wording of the descriptor and subject to that test.

Is this actually the case? If so is it taken as read or does it require argument?

 

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Total Posts: 456

Joined: 7 January 2013

My understanding was that the regs were tightened in 2013 to reflect case law (CE/1516/2012).

Alice
forum member

Community Care & Welfare Rights, Brighton Housing Trust

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Total Posts: 9

Joined: 27 June 2012

Oh okay, thanks for that!