Does one have to be severely disabled to be awarded support group?

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rebecca_p
rebecca_p Posts: 12 Forumite
in Benefits & tax credits
And what warrants severely disabled? My daughter is soon going to move into supported housing. She has a mild LD but with comorbid Schizophrenia which is written down in her medical notes as a chronic condition but it does fluctuate. She has periods of stability because she's taking antipsychotics but with these periods of wellness she thinks she does not need medication and refuses to take them and her condition deteriorates quite quickly and she lacks insight. This is when she becomes very psychotic and is a risk to herself and she is sectioned for her own safety.

I'm worried because as her periods of stability are increasing with the right medication regimen and support she has will her benefits payments decrease because without knowing her background she presents as an able person. Will the WCA take into account her vulnerability and her quick descent into psychosis without her medication for which she has been sectioned 6 times for so far.

Will moving out of the family home into a supported living setting with continual staff support help with her benefit applications. Will that be taken into account?

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  • nannytone_2
    nannytone_2 Posts: 12,951 Forumite
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    entry to the support group is based solely on meeting one or more of the support group descriptors.

    have a look at the support group descriptors to see which, if any apply to your daughter.
    then spend time gathering evidence that supports her claim.

    good luck :)
  • rockingbilly
    rockingbilly Posts: 853 Forumite
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    rebecca_p wrote: »
    And what warrants severely disabled? My daughter is soon going to move into supported housing. She has a mild LD but with comorbid Schizophrenia which is written down in her medical notes as a chronic condition but it does fluctuate. She has periods of stability because she's taking antipsychotics but with these periods of wellness she thinks she does not need medication and refuses to take them and her condition deteriorates quite quickly and she lacks insight. This is when she becomes very psychotic and is a risk to herself and she is sectioned for her own safety.

    I'm worried because as her periods of stability are increasing with the right medication regimen and support she has will her benefits payments decrease because without knowing her background she presents as an able person. Will the WCA take into account her vulnerability and her quick descent into psychosis without her medication for which she has been sectioned 6 times for so far.

    Will moving out of the family home into a supported living setting with continual staff support help with her benefit applications. Will that be taken into account?
    The answer is no All you have to do is either gain enough points/pass the required descriptors.

    As an example, if you for any reason cannot get something out of the top pocket of a jacket or shirt/top using either hand.you will automatically go into the Support Group.
  • nannytone_2
    nannytone_2 Posts: 12,951 Forumite
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    rockingbilly wrote: »
    The answer is no All you have to do is either gain enough points/pass the required descriptors.

    As an example, if you for any reason cannot get something out of the top pocket of a jacket or shirt/top using either hand.you will automatically go into the Support Group.

    there are no support group 'points'
    it is based solely on meeting at least one of the descriptors
  • Alice_Holt
    Alice_Holt Posts: 5,964 Forumite
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    edited 12 March 2017 at 10:09PM
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    ESA support group descriptors here:
    http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

    I would have thought regulation 35 may be applicable:
    "The substantial risk rules are very important – they are one of the most common ways that
    claimants are placed in the support group.
    You will be treated as having limited capability for work-related activities if:
    ‘you suffer 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 you were found not to have limited capability for work-related activity’.
    This is almost identical to one of the exceptional circumstances for the work-related activity
    group (regulation 29) except that now you need to show that you would have to refrain from
    ‘work-related activity’ rather than actual work.
    This could include things such as attending a Jobcentre or Work Programme provider’s office
    regularly, work experience, training, group activities, doing tasks online. "

    See also http://www.cpag.org.uk/content/making-exception
    "For reg 29 (or reg 35- see below) to apply then the risk to health must be “substantial”. In assessing whether a risk is substantial, regard should be had both to the likelihood of an occurrence and the nature of the harm that might result in the event of an occurrence. In one Upper Tribunal case, an increase in the frequencies of exacerbations of pain was sufficient to count as substantial harm."

    I would suggest compiling medical evidence (especially around significant risk) to submit with any ESA renewal form, and getting help with the form (particularly as the form does not ask the question about significant risk to health).
    https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

    The B & W guide is useful on ESA on mental health grounds:
    http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-claims

    PS Nannytone's comment about the rockingbilly post is correct. You would be sensible to treat some of the posters on this forum with great caution.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Muttleythefrog
    Muttleythefrog Posts: 19,794 Forumite
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    Yes as above.. she would need to meet a support group descriptor (and that conveys a benchmark of 'limited capability for work related activity'). It is possible that she may qualify for support group (other than by standard descriptor) from one of the non functional descriptors (otherwise called special circumstances) in that it sounds like she may pose substantial risk to anybody (herself or another) if found capable of work or work related activity.


    But yes... there is WRAG and Support group... two benchmarks of disability if you like... there's plenty info out there on the criteria including in above post (which cross posted with mine with interestingly correlating advice Re: special circumstances). Good luck.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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