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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”..

 

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