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The UKFibromyalgia Forums • View topic - Awarded esa at tribunal under regulation 29 of esa regs



Awarded esa at tribunal under regulation 29 of esa regs

Moderators: perseus, *Lisa*, FluppyPuffy

Awarded esa at tribunal under regulation 29 of esa regs

Postby Josephine@1 » Tue Jul 02, 2013 4:42 pm

Tribunal yesterday no points awarded but awarded esa under regulation 29 can anyone tell me what it means and can it be overturned
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Re: Awarded esa at tribunal under regulation 29 of esa regs

Postby *Lisa* » Tue Jul 02, 2013 4:57 pm

Regulation 29

29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.

(2) This paragraph applies if—

(a)the claimant is suffering from a life threatening disease in relation to which— .
(i)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and .
(ii)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or .
(b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.


The black triangle is campagning people with disabilities to get on ESA by regulation 29 for WRAG group and regulation 35 for support group

see here...

http://blacktrianglecampaign.org/2012/1 ... a-appeals/

I wouldnt have thought it can be overturned as was given to you by a tribunal.
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: Awarded esa at tribunal under regulation 29 of esa regs

Postby mumstheword1954 » Tue Jul 02, 2013 8:25 pm

I asked TBTC for help and they never ever replied.
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Re: Awarded esa at tribunal under regulation 29 of esa regs

Postby anonymouse » Tue Jul 02, 2013 9:40 pm

The do give silly legal reasons in letters to people, basicly it means you have done a good job and got placed into the WRAG with no points :-) I would imagine they are saying that if you were not in the WRAG it would cause a significant effect on in your health. That's without knowing anything about your case. If it was a tribunal decisions first of all it looks like they are overriding it, they should have explained that in your letter. But then I have known tribunals say they are going to do things then not do them.
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