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

“Specific illness, disease or disablement”  1 UC Regs, Sch 8, para 4(1) 

Jo_Smith
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Citizens Advice Hillingdon

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Forgive me if this is a silly question; is there a list of such illnesses or diseases?

I have a client with Huntington’s and I think he should be treated as having LCW on grounds of substantial risk due to his poor balance and uncoordinated movements.

But how do I argue that Huntington is one of those “specified” conditions?

Elliot Kent
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It’s just reg 29 re-enacted. Your argument should be fine.

The requirement is that the difficulties arise from a “specific illness, disease or disablement” but this just means that it needs to be the result of an identifiable, recognised health condition rather than something which is not recognised by medicine as a health condition.

The example is that “substance misuse” is not a health condition but “substance dependence” is - see JG v SSWP(ESA) [2013] AACR 23; [2013] UKUT 37 (AAC).

Vonny
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There is no specific list, even an actual diagnosis is not necessary - it is just that the risk must be caused by a health problem or disability
What about schedule 9 as well?

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Huntington’s is also specifically mentioned as an example illness in the severe conditions guidance (no repeat WCA), see attached

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Vonny
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BC Welfare Rights - 27 February 2020 01:22 PM

Huntington’s is also specifically mentioned as an example illness in the severe conditions guidance (no repeat WCA), see attached

Therefore it would be best for a client suffering from Huntington’s to establish a support group descriptor rather than exceptional circumstances.  The HCP guidance mentions Huntington’s under manual dexterity

Jo_Smith
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Thank you all.