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This appeal involves a limited point of legal interpretation, but one which has consequences for the way in which the claimant is entitled to ESA. In summary, if the claimant were to be found to have limited capability for work related activity she would be placed in the support group, would receive the support component (a higher amount of benefit) and would not have to participate in the various interviews and activities in which she would otherwise have to participate.
Section 1(2)(a) of Welfare Reform Act 2007 provides that a claimant is entitled to ESA if she satisfies the �basic conditions�. The basic condition relevant in this case is defined in section 1(3)(a) as being that the claimant �has limited capability for work�.
Section 8 of the 2007 Act provides that whether a person�s capability for work is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require him to work shall be determined in accordance with regulations which provide for an assessment by reference to the extent to which a person who has some specific disease or bodily or mental disablement is capable or incapable of performing such activities as may be prescribed.
Regulation 19 of and Schedule 2 to the Employment and Support Allowance Regulations 2008 provide for the assessment. Regulation 19(2) describes the assessment as an assessment of the extent to which a claimant �who has some specific disease or bodily or mental disablement is capable or incapable of performing the prescribed activities�. Regulation 19(3) provides that a claimant has limited capability for work if he obtains a score of at least 15 points in respect of descriptors listed in Schedule 2 .
Section 9 of the 2007 Act provides that whether a person�s capability for work related activity is limited by his physical or mental condition and, if it is, whether the limitation is such that it is not reasonable to require her to undertake such activity shall be determined in accordance with regulations.
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