ESA support group as i'm husbands carer?

Dbw1964

Hi all,


Hope someone can advise. My wife got 0 points following a WCA for ESA and has requested a mandatory reconsideration. If she gets the magic 15 points, would she be eligible to be placed in the ‘support group’ on the grounds that she is my carer and receives carers allowance because I receive PIP enhanced care rate. She was thinking that Regulation (35) would apply (substantial risk) because she is my carer for more than 35 hours a week. Any advice?


Many thanks in advance.

[Deleted User]

I very much doubt that, I suspect the "risk"referred to is risk to the esa claimant not someone they care for.
I would also have thought that the fact that she cares for you for 35 hours a week would question just how bad her health is? But knowing how difficult the entire system is i doubt that, i'm not having ago just voicing my thoughts aloud, please ignore me if they aren't what you wanted to hear.

nannytone_2

to get in the support group, she would need to meet one of the support group descriptors.

if her role as your carer contradicts her reasons for claiming ESA then there may be issues with her claim

TELLIT01

Eligibility for the Support Group would be based on her medical condition, not on her acting as a carer. Broadly speaking, the Support Group is intended for the 10% of claimants who are the worst affected by their condition and are unlikely to be well enough to work again. Not being available to work because of caring commitments is not one of the descriptors.

Dbw1964

Hi,
Thanks for your replies. It's just that Reg 35 states:
"the claimant suffers from some specific disease or bodily or mental disablement and, by reason 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".
I was just thinking that she should be eligible for the 15 points and "substantial risk" means that harm would occur more likely or not. She has carers for encouragement, moral support etc for my mental health problems. She has Fibromyalgia and in pain most of the time.Thank youfor replying.

nannytone_2

that means that the claimant may harm themselves or someone else, not that someone else may come to harm if they are not present

Dbw1964

Ok, thank you nannytone, that would make sense, though it's not very clear and just wondered if there were case law/legislation on this. Oh well, WRAG it is then (hopefully).
Thank you.

Sabrina9090

Hi everyone my partner won his esa appeal on tues he was first awarded 0 points wen he first applied as he started taking seizures..anyway we went in on tuesday an b4 we sat down they said 15 points awarded due to loss of conciousness thank you...anybody have any idea as to which group he will be placed in he was awarded the 15 alone for loss of conciousness at least once a week discriptor 10 (a)

nannytone_2

to get in the support group one of the support group descriptors has to be met.
usually they will tell you at tribunal if the support group criteria has been met

Dbw1964

nannytone wrote: »

to get in the support group one of the support group descriptors has to be met.
usually they will tell you at tribunal if the support group criteria has been met

Agree, although (I read on the web), the most used route into the Support Group is through Reg 29 & 35.

nannytone_2

Dbw1964 wrote: »

Agree, although (I read on the web), the most used route into the Support Group is through Reg 29 & 35.

no idea.
i am in the support group because i meet descriptor 7 ii