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

How to account for difference in abilities in different settings/environments?

JAS1
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Advice Worker, Gaddum Centre

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Joined: 14 February 2017

Hello,

I have a slightly general question prompted by someone I am working with.

This person has a diagnosis of high functioning Autism. They are currently off work and basically stay in their flat all day apart from going to the shop. Even with this limited lifestyle they have meltdown/overload type occurrences where they can’t do daily tasks. However they are still much more able to do the ESA related activities than they would be if they were forced in to a different lifestyle, for example working in an open plan office all day/social interaction every day.

I know DWP take in to account ‘substantial risk’ of a certain work environment however I don’t think this would come under that. Just a drastic reduction in abilities stemming from having to interact with the outside world on a daily basis. Obviously there is the ‘reliably and repeatedly’ thing but this is more based on environmental influence rather than natural variance in abilities throughout the day.

Anything in the DM guidelines or regs I am missing?

Thank you

SamW
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Lambeth Every Pound Counts

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Re Activity 13 - see https://www.rightsnet.org.uk/welfare-rights/caselaw/item/Activity-13-how-test-of-initiating-or-completing-sequential-personal-act - helpful in general but in regards to your specific query note “The claimant must not be prejudiced by living a limited life-style”

I think that you also need to identify the aspects of the workplace that differs from the clients home environment which would cause them to struggle more than they do at the moment and then fit that into the descriptors. Potentially even if they were functioning quite well at home they could still score points for Coping with Change, Getting About, Coping with social engagement - you’d be arguing that they have structured their lifestyle in order to avoid all of these things which is why on the face of it they are able to manage.

Helen Rogers
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Welfare rights officer - Stockport MBC

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Plus - what about behaviour that would not be acceptable in the workplace if had a meltdown at work?

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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JAS1 - 30 January 2018 10:47 AM

Hello,

but this is more based on environmental influence rather than natural variance in abilities throughout the day.

Thank you

It’s not a natural variation dependent on the time of day but it is a natural variation dependent on his environment.  So if, in a crowded environment, he becomes terrified and tries to hide under the desk (exaggerating now) then that is behaviour unacceptable in any workplace etc. Plus the points made by Sam. Why is he OK as long as he stays at home? Because there’s little change and maximum predictability—what happens when that is interrupted? etc

JAS1
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Advice Worker, Gaddum Centre

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Thanks Sam, Helen and Sally. That’s been very helpful, the ‘claimant must not be prejudiced by living a limited life-style’ seems very relevant.

Cheers