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Regulation 29 of 2008 ESA regulations

RSISolutionsRSISolutions Member Posts: 102 Courageous
What is the equivalent of the Regulation 29 of 2008 ESA regulations for Universal Credit, please?

It was awarded to a claimant during an ESA tribunal with the words " However if he were found capable of work this would result in a substantial risk to his physical health" as there weren't enough points for ESA without it. 


Replies

  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,944 Scope community team
    Hello @RSISolutions. There's some information about it in the Universal Credit ADM here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/772718/admg3.pdf and I've copied it below.

    Substantial risk

    G3020
    [See memo ADM 7/16][See memo ADM 2/18] The claimant is treated as having LCWRA if they are suffering from a specific illness, disease or bodily or mental disablement, by reason of which there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have LCWRA1 – see G3021.
    1 UC Regs, reg 40(5) & Sch 9, para 4 
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    Scope

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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi I'm afraid i disagree with @Adrian_Scope here. Regulation 29 for ESA is WRAG and the equivalent of this for UC is LCW and not LCWRA. Regulation 35 is Support Group otherwise known as LCWRA for UC.

    Under regulation 29 of the Employment and Support Allowance Regulations those who fail to achieve 15 points from Schedule 2, must still be treated as having limited capability for work (“LCW”) if they suffer from some specific bodily or mental disablement which means there would be a substantial risk to their health, or the health of another person, if they were found not to have LCW.1



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,944 Scope community team
    Hi @poppy123456, you're quite right. I was just thinking of substantial risk generally, forgot the LCW / LCWRA.
    Thanks for clearing it up.
    Senior Community Partner
    Scope

    If you have a few minutes to spare, we'd appreciate your feedback on our online community.
  • RSISolutionsRSISolutions Member Posts: 102 Courageous
    So in filling out a UC form. What should the applicant write if they wanted to refer to this?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    When you say UC form do you mean a work capability assessment form (UC50)? If so then it will depend on how their conditions affect them. They will need to state all about their conditions in the form.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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