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

alcoholism and comm decision for ESA

gw
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Glasgow West Housing Association

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I have two appeals and can’t find any ESA decisions relating to commisioners decisions. reg 29 etc.

anyone point me in the direction of any know decisions.

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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CE/437/2011 — Whether alcohol and drug dependency constitute ‘mental condition’

CE/343/2011 — Risk to health in being found capable of work / application of Charlton

CSE/360/2011 — Descriptor 20 (f) - propriety of behaviour / regulation 29 (b) - application of Charlton

These are in Briefcase section and may be helpful to you - sorry, don’t know how to do a direct link

gw
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Glasgow West Housing Association

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cheers Soviet…

Ros
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editor, rightsnet.org.uk

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here are links to briefcase -

CE/437/2011

CE/343/2011

CSE/360/2011

cheers ros

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Here’s an ICB one on the same theme.  Note, the remarks on the exceptional circumstances provisions are obiter but provide useful guidance.

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gw
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Glasgow West Housing Association

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Thanks for the links..
judge was dismissive of alcohol as a mental health condition until I gave him a copy of
CE/437/2011….

Reg 29(2) applies… result…

Gail Knight
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Welfare rights - Halton Council

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result :)