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

Limited capability

Nicola Kimber
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WBO - Swan Housing, Essex

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Could any one clairfy for me what Activity 11 (c) means

the Activity states ‘cannont learn anything beyond a moderately complex task such as operating a washing machine’

Does this mean that if you can operate a washing machine you do not qualify or does it mean anything more complex than a washing machine you will qualify

thanks Nick

SamW
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Lambeth Every Pound Counts

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It means the former - if you can learn to operate a washing machine (or other task of equivalent difficulty) but cannot learn a task that is more complex than that.

The legislation does not give an example of these more complex tasks, although the WCA handbook gives some other examples of moderately complex tasks from which you can make some inferences eg. it classes making a microwave meal as a moderately complex task so somebody who is able to do this but would be unable to follow a freshly cooked recipe would get 6 points.

Nicola Kimber
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WBO - Swan Housing, Essex

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thank you - a very useful document

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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The presence of the comma after the word task suggests that operating the washing machine is a task that is beyond moderately complex.  If there was no comma there then operating the washing machine would be the moderately complex task.  Similarly, with the simple task.  This seems to be confirmed by the list of simple tasks in the handbook which are very basic indeed.  In my view, the comma acts disjunctively here rather than conjunctively.

 

SamW
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nevip - 14 January 2014 01:28 PM

The presence of the comma after the word task suggests that operating the washing machine is a task that is beyond moderately complex.  If there was no comma there then operating the washing machine would be the moderately complex task.  Similarly, with the simple task.  This seems to be confirmed by the list of simple tasks in the handbook which are very basic indeed.  In my view, the comma acts disjunctively here rather than conjunctively.

Disagree with this. The sentence structure used in 11c is the same as is used in 11a and 11b, both of which refer to the task of setting an alarm clock. If the descriptor was read in the way in which you suggest, 11a would be defining this task as one that is simple whilst 11b would be defining it as one that is ‘beyond simple’ , which doesn’t seem to make sense to me.

nevip
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On second look, I agree with you, otherwise the structure of the descriptor as a whole wouldn’t make sense.  I was mistaken.

Nicola Kimber
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WBO - Swan Housing, Essex

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This is the first time I have used the forum, I apprecaite your explanations, all is clear now - thank you

benefitsadviser
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Sunderland West Advice Project

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Dont worry about it : its the first time i recall seeing Nevip be mistaken either!

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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I dare say entire tribunals have been spent debating the significance of a comma!