Sorry Steve, but Reg 35 provides for certain claimants to be treated as having limited capability for work-related activity.
Reg 20 provides for certain claimants to be treated as having limited capability for work, but the list is much reduced compared to the old IfW Regs reg 10. This was quite deliberate and in line with the Government's view that the vast majority of claimants are capable of some work and should be given the opportunity to engage in work-related activity. For example ESA Regs reg 20 contains no provisions analogous to the 'treated as incapable' provision for claimants receiving DLA HRCC, are registered blind, have dementia, are paraplegic or have a severe mental illness, by which IB case law included people in secondary mental health care.
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