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ESA regs regarding functional capability regularly and repeatedly
Hi can any one direct me to regs regarding the above. A claimant needing to be assessed if they can carry out the descriptors regularly and repeatedly and not just once at a LCW assesment Thanks
I attended an oral hearing on just this point at the Upper Tribunal the other day. The advocate represeting the S. of S conceded
that reasonable regularity for ESA was just the same as IVB and CIB 14587/96 was to be followed. Upper Tribunal Judge Gamble agreed (CSE/421/10). If you want a copy post a fax number.
Thank you fax number is 0151 471 7308 F.A.O Gail Knight
hi
see also CE/1737/2010 where Judge Wikeley said that, in broad terms, regulation 34(2) of the ESA Regulations 2008 appears to put on a statutory footing for ESA purposes the ‘reasonable regularity’ test approved by the Tribunal of three Social Security Commissioners in reported decision R(IB) 2/99 in the context of incapacity benefit.
attached link to briefcase summary -
http://www.rightsnet.org.uk/briefcase/summary/eligibility-for-support-group/