Opiate dependency

Does anyone know of any case law relating to opiate dependency in its own right, or whether it is established (and is so where) that opiate dependency should be treated similarly to alcoholism? Or would this argument need to be made? Briefcase search facility is not turning anything up…

hi -

judge levenson deals with the issue in CE/437/2011 -

http://www.rightsnet.org.uk/briefcase/summary/whether-alcohol-and-drug-dependency-constitute-mental-condition

and three judge panel looks at alcohol dependency in CSE/496/2013, but includes helpful comments about legislative framework for alcohol and drug dependency. also, their views on alcohol dependency would have to apply to drug dependency as well i think -

http://www.rightsnet.org.uk/briefcase/summary/whether-alcohol-and-drug-dependency-constitute-mental-condition

cheers ros

Thats great thanks ros!

Hi Ros

I’m interested in your response as I’m working with a claimant who has alcohol dependency (and has had her ESA refused on review three times in the last four years - one successful appeal and one successful reconsideration and an oral hearing due next month).

The link to the CSE/496/2013 case connects to the other case mentioned and I haven’t managed to find it in search. Could you re-check it?

Thanks, Liz

oh dear - sorry - here’s the correct link to the briefcase summary for the three judge panel decision -

http://www.rightsnet.org.uk/briefcase/summary/alcohol-dependence-and-points-for-physical-and-mental-disablement-under-the