Created 01/03/2018
A recent ESA case(TM v SSWP (ESA) [2018] UKUT 9 (AAC)) has ruled then when we view the descriptors 11-17(part 2) for ESA (Mental, cognitive and intellectual
function assessment) then we shouldn't take into account aids and adaptations.
For physical Impairment(descriptors 1-10)- the law was changed in 2013-
'Regulation 19(4) of the Employment Support Allowance Regulations 2008 (SI
2008/794), as substituted by regulation 3(2)(a) of the Employment and Support
Allowance (Amendment) Regulations 2012 (SI 2012/3096) with effect from 28
January 2013, is in the following terms:
“(4) In assessing the extent of a claimant’s capability to perform any activity listed
in Part 1 of Schedule 2, the claimant is to be assessed as if—
(a) fitted with or wearing any prosthesis with which the claimant is normally fitted
or normally wears; or, as the case may be,
(b) wearing or using any aid or appliance which is normally, or could reasonably
be expected to be, worn or used.”
However the Judge in this upper tribunal case says at paragraph 21-
'...I can see the force in Mr Hampton’s point that if it was intended that regulation
19(4) should apply to the mental health descriptors then the words “Part 1 of”
would have been omitted. In addition, given the way that the mental health
descriptors are formulated, it may be difficult to see quite how assistance with aids
or appliances might be relevant.'
The DWP had sought to argue that a client with a learning disability using a
mobile phone app. as a navigation aid for descriptor 15 (c) was allowable-
'...namely “is unable to get to a specified place with which the claimant is
unfamiliar without being accompanied by another person”..