The work capability assessment (WCA) test dominates employment support allowance (ESA) and universal credit (UC) in relation to sick claimants. The ‘exceptional circumstances test (otherwise ‘risk to self or others’) should apply with equal force to those denied WCA points, but is often neglected by decision makers at the Department for Work and Pensions and it does not even feature in the ESA50 / UC50 assessment forms. If ignored, many claimants will suffer because this vital route to entitlement is being unjustly disregarded, including those with mental health problems.The course covers:WCA regulations relevant to ‘exceptional circumstances’The relevance of current case law to assist usParticular problem areas in relation to exceptional circumstancesHow to set out exceptional circumstances clearly in a claim formatUsing the law and case law to issue an effective revision or appealThis online training course will help ensure that ‘exceptional circumstances’ rules are properly applied using regulations, guidance and case law. This will mean more effective claims, revisions and appeals.For more expansive training aimed at frontline advisers helping UC claimants into work, please also see our Challenging WCA Decisions training course.Method of delivery and timingsThis full-day equivalent, experienced-level course, is delivered online via Zoom over two consecutive mornings. It runs from 10am to 1pm on each day, with a half hour break between 11.15-11.45. It is a practical course delivered using a combination of trainer presentation, exercises and group discussion. Participants will need a Wi-Fi connection and a suitable device to access the internet. It is not recommended to join via a mobile phone.
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