Exceptional circumstances to get into the support group

Hi

I have a client who has recently been placed in the work-related activity group.  The jobcentre have told him that he will have to go on training courses.  He says that travelling to the training courses in a car will make his back worse.  He suffers from cervicalsponylosis/degeneration of vertebrate/spinal nerve involvement and inflammation of the right brachialgia. 

Do you think that this is is a viable argument to meet the criteria for exceptional circumstances on the basis that
work-related activity would be a significant threat to his health?

Im sorry if this question seems stupid, its just I am not that confident about this because I have never done an exceptional circumstances to get into the support group appeal before.

To answer your first question:  maybe.

However, your client should take into consideration the fact that an appeal/request for revision throws open all aspects of entitlement.  They could end up with a new decision that they do not have limited capability for work.

I recommend that he gets sound medical evidence from his GP or consultant to back this up.
It will be difficult to win an appeal just by “assuming” that he will probably get worse during car journeys.
Its all about the evidence im afraid.

..And if so, consider if the client will meet any of the SG descriptors if you haven’t already done so (I would have thought mobilizing would be a possibility) and ask the GP/consultant to comment on that too.

Just to clarify - the exceptional circumsrances provisions apply to those who cannot score enough points to pass the LCFW test - as your client has already passed this you need to see if the SG descriptors apply as mentioned above, but you cannot run an exceptional circumstances argument.

exceptional circumstances can be used twice - we regularly use reg 35 to try to get people into the support group - often very successful for people with mental health and substance misuse problems

Thanks for everybodys help. I have gone through the support group descriptors and my client does not meet any of them.  I have already warned my client of the risk of appealing.

Sorry, I got thst wrong - Reg 35 does apply