Chronic Hepatitis B and Regulation 20 of the ESA Regs 2008 does it apply?
I am appealing an ESA case where my client has been refused ESA capability for work and capability for work- related activity.
I’m wondering whether my client who has Chronic hepatitis B and is taking Tenofovir disoproxil 245 mg medication and suffers from Gastro Oesophageal Reflux Disorder which causes vomiting satisfies Reg 20 of the ESA Regs 2008:
Reg.20 certain claimants to be treated as having limited capability for work:
( c) the claimant is -
(ii) otherwise prevented from working pursuant to an enactment, by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination?
Furthermore, need to know if Chronic Hepatitis B is regarded as a Notifiable Disease? Acute Hepatitis B is; but the difference is that with Chronic Hepatitis B there are usually no symptoms, but the infection can still be passed to others.
To be clear, the definition of chronic hepatitis is that it is still detectable in the blood more than 6 months after it was first detected. Before 6 months it would be described as acute. Both phases can be symptomatic or asymptomatic and people can transmit it in both but the chronic phase is more likely to progress to serious complications, such as liver cancer if not treated. It is transmitted through infected blood, unprotected sex, contaminated needles/tattooing/ dental/drug equipment etc, and from a pregnant woman to her newborn. It would be unlikely to be transmitted by vomiting, although possible if there was blood in the vomit. We work with many people living with HIV who take tenofovir without significant difficulty but many common side effects are listed by NICE.
As I say in the previous thread, I think that reg 20 can only apply if it is ‘pursuant to an enactment’ i.e. the person is ‘banned’ from the workplace. For Hep B, this might apply to certain professions performing high risk procedures or something similar. However, people with Hep B are not generally prevented from working.
I would be happy to be told I’m wrong though….
Thank you for your reply …. I did think the same ...that reg 20 can only apply if it is ‘pursuant to an enactment’ i.e. the person is ‘banned’ from the workplace .
My client does suffer from vomiting … I might need to explore with that..