Forum Home → Discussion → Work capability issues and ESA → Thread
Suitability of available work in local area for ESA/UC
Can anybody please direct me to the piece of case law that says that a DM must consider what work is actually available in the local area for a claimant of ESA or UC when they are arguing that they have LCW/LCWRA?
I’m not aware of one that says you have to look at available work in the local area but tribunals do need to identify the type of work a claimant could do taking into accoung background, experience and health conditions. The main case for this was Charlton which was an incapacity benefit case (rightsnet summary) but there are more recent ones on wcainfo.net eg [2017] UKUT 251 (AAC), [2015] UKUT 617 (AAC)