Forum Home → Discussion → Work capability issues and ESA → Thread
ESA reg. 29 and suitability of work
I recall some recent Caselaw relating to regulation 29, along the lines of when assessing risk to self and others to see if regulation 29 is satisfied, consideration should be given to the types of work that the client could be expected to do at the current time based on their previous work experience, qualifications etc.
I have a client who has bilateral shoulder arthritis, takes strong painkillers which cause drowsiness, and has only ever worked operating heavy machinery. His doctors have told him that further manual labour work would make his arthritis a lot worse, and it would be dangerous (self and others?) for him to operate machinery whilst under the influence of the medication.
So I am thinking that this caselaw could be quite relevant…...if I haven’t imagined it and can find it.
Is it the case of Charlton you want?
It concerns regualtion 27 of the ICB(Gen) Regs but within its decision (para 14) acknowledges that it would apply to regulation 29 for ESA cases.
A copy of it is here: http://www.dwp.gov.uk/commdecs/09_10/ib_209.pdf
That’s the one. thanks!
We’re quite keen on this one, in these parts…