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

Activity 7 - WCA Handbook 2020

Mr Finch
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Benefits adviser - Isle of Wight CAB

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I haven’t has a case on this for a while, but the assessment in the last one a couple of years ago was absolutely woeful.

I just had a look at the 2020 handbook, and it seems that they’re now saying that ‘simple message from a stranger’ means someone shouting from one metre away. This can’t be right can it?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/925097/wca-handbook.pdf - (Pages 104 and 111)

They also assert that, for a simple message, ‘the vast majority of people would meet this level of proficiency in lip reading’. If I lost my hearing I would have no chance of lip reading anything without significant difficulty.

Daphne
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I know it’s Activity 8 so written info not spoken info but I think [2021]UKUT 1 (AAC) is helpful taking into account regulation 4 (2A) - reliably -

There is then the question of whether the activity can be accomplished in accordance with reg 4(2A), set out above. As to whether the activity can be accomplished “to an acceptable standard”, the nature of what constitutes “basic written information”, in particular what may be found on signs, makes it likely to be very important that it is understood correctly. Mrs Morris had drawn attention in the claim form to the appellant’s ability “reliably …to tell what the writing is about” (emphasis added). A person who, as an alternative to giving up, makes a guess (perhaps because they do not wish to ask for help) is unlikely to be doing so ”to an acceptable standard” where important signs, particularly those advising of possible danger, are concerned.

(para 16)

Mr Finch
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Benefits adviser - Isle of Wight CAB

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Total Posts: 509

Joined: 4 March 2011

Yes, and I see no reason that the principles around ‘basic’ in PIP shouldn’t apply just as much to ‘simple’ in ESA.