Friday, 6 December 2013

Interesting Conversation re e-petition 47554 re DWP rules 29 and 35 WCA/ESA

This is for recognition of rules 29 and 35 and to give GP the lead position not atos 9,744

@Jules_Clarke Can't disagree with the sentiment behind this, but regulations 29 & 35 ONLY apply to ESA. They have no beating on PIP at all.

@libra1963 Well 29 and 35 under GP jurisdiction is certainly desirable.

@Jules_Clarke certainly worth highlighting 29 & 35 which are meant to operate as safety nets for people who don't score enough WCA points.

@libra1963 That I think is the aim of that petition and I personally think is important

@Jules_Clarke it is, and the intent is great - DWP decision makers pay little or no attention to regs 29/35. Just won't assist PIP claimants

@libra1963 It WILL assist ESA claimants who claim PIP as the ESA wont be a harmful process at start

@libra1963 And surely "no interview required" will cascade.

@Jules_Clarke As worded, your petition gives the impression PIP claimants can be helped by regs 29/35. Unfortunately, the can't.

@libra1963 Thats the anamoly that must be faced as PIP will be Both an In and OUT of work benefit as was DLA. So you are PARTIALLY correct

1 comment:

  1. It needs to be pointed out that before you can argue application of regulation 29 or 35 which relate to exceptional circumstances under (in the case of regulation 29) to the WRAG and (in the case of 35 to the Support Group) you must first concede that none of the points scoring descriptors apply. Doctor's will be reticent to do so in many cases, what needs to happen is for the legislation to be amended on exceptional circumstances regardless of any such concession. It's an important point which many fail to understand.

    Nick @Mylegalforum