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TOPIC: DWP and the Meaning of “Always”

DWP and the Meaning of “Always” 30 Mar 2017 00:07 #427

Looking through a load of DWP doc updates released today I found this DM staff guidance on UC AND ESA: ENGAGEMENT IN SOCIAL CONTACT with particular reference to the definition of "always" with regard to satisfying descriptors.

From a speed read I think this may be an old judgment by the Court of Session regarding old style ESA but which this doc reminds DM's that it applies equally to UC and new style ESA.

May be well known to some but it was new to me and will be very useful. Not only in the context of social engagement but in many other chronic or frequently recurring conditions.
Memo ADM 18/16

UC AND ESA: ENGAGEMENT IN SOCIAL CONTACT

Contents
Introduction 1 – 2
Meaning of “always”
Background 3 – 5
The Court’s judgment 6 – 7
Assessing quantity of engagement in social contact 8
Meaning of “engagement in social contact”
Background 9 – 10
The UT Judges’ decision 11 – 12
Assessing quality of engagement in social contact 13 – 15
Annotations
Contacts

INTRODUCTION

This memo gives guidance on

1. a judgment by the Court of Session about

1.1 the meaning of “always” in the LCW and LCWRA social engagement
Activity descriptors and

1.2 the interaction between LCWRA Activity 13 and the provision that a descriptor is satisfied where it applies for the majority of the time3 and

2. a decision by a three Judge panel of the UT4 about the meaning of “engagement in social contact” in the same Activity descriptors.

Note: The judgment and UT decision were given in relation to old style ESA, but apply
equally to UC and new style ESA. See ADM Chapter M3 for the meaning of old style
and new style ESA.

www.gov.uk/government/uploads/system/uploads/attachment_data/file/534800/adm18-16.pdf
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DWP and the Meaning of “Always” 02 Apr 2017 23:21 #864

Interesting. They recently put me in the WRAG group despite awarding points because social engagement is impossible the majority of the time due to my mental health condition. Since the UT stated that "always" is given the meaning of the majority of the time and both the lcw and lcwra descriptors have the same meaning if it applies in one case it should apply in both.

The HCP also completely neglected to document my intermittent but devastating insomnia.

This looks like a job for TRIBUNAL MAN!!!! Is it a bird? Is it a plane? No it's a MANDATORY RECONSIDERATION!!!
quis custodiet ipsos custodes?
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DWP and the Meaning of “Always” 03 Apr 2017 19:19 #934

Hope it helps.

I am sure there is much that could be made of this.
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DWP and the Meaning of “Always” 03 Apr 2017 20:56 #936

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It appears the DWP as per usual have their own terminology which only suits them in all arguments until it comes down to court and then they start to listen up.

One of their favorites is "reasonable," if used correctly and was applied by some humans; it would be far easier to communicate with them when arguing the case of all things reasonable or unreasonable whatever the case maybe. :)


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