NC v Secretary of State for Work and Pensions (ESA): [2016] UKUT 401 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 1 September 2016.

Read the full decision in CE/3475/2015.

Judicial Summary

Mental illness or disablement in regulation 19 (5) (b) - the amended regulation 19 ESA Regs, which restricts the consideration of the schedule 2 physical descriptors to incapability caused by physical ill health, and similarly of mental conditions to those in Part 2 of Schedule 2 encompasses not merely mental ill-health in the form of conditions such as depression or schizophrenia but mental disablement of all kinds including learning difficulties and cognitive deficiency whether that be by reason of age or acquired brain injury.

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