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

“Type 2” ESA support component

neilbateman
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Welfare Rights Author, Trainer & Consultant

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Total Posts: 430

Joined: 16 June 2010

I am looking at a DWP ESA screen print for someone who has passed away and who used to receive ESA with the Support Component.  There’s very limited information available. 

The screen print gives a date that ESA with the SC was awarded and then states “Type 2 Limited Capability”.  It doesn’t say which Activity or Descriptor applied.

Of course there’s no such thing in the law as a Type 2 Support Component.  Am I right in thinking that is DWP’s administrative shorthand to mean the support component was awarded because schedule 3 applied, rather than reg35?

Thanks.

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Joined: 25 February 2014

I couldn’t swear to it but I’d be surprised if it weren’t the other way around - reg. 35(2) works in the same way as Schedule 2 and reg. 29, in that LCFW is only considered under reg. 29 (type 2?) if the claimant does not score sufficient points under Schedule 2 (type 1). So the first step for LCFWRA is to consider whether any descriptor in Schedule 3 is met (type 1?) and, if not, whether reg. 35(2) is met (type 2).