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Lost or altered consciousness – an update

Paul Sandford (Based in the Social Entitlement Chamber, London, UK)
Jim Shepherd (Based in Doughty Street Chambers, London, UK)
Ed Cooper (Based in the Social Entitlement Chamber, London, UK)

Social Care and Neurodisability

ISSN: 2042-0919

Article publication date: 11 May 2012

78

Abstract

Purpose

This paper aims to update the recent two‐part review of UK Incapacity Benefit and Employment and Support Allowance (ESA) as they affect claimants suffering from impairments of consciousness.

Design/methodology/approach

The paper reviews the changes in legislation and recent opinions and rulings of Upper Tribunal judges.

Findings

Altered as well as totally lost consciousness must be considered in legislation. The yardstick is significant loss of awareness or concentration. If alcohol dependence has been diagnosed as an underlying cause then only the effects rather than the mechanism need be considered.

Originality/value

Claimants, advocates and decision makers should use these criteria when applying for, or granting, benefit on these grounds.

Keywords

Citation

Sandford, P., Shepherd, J. and Cooper, E. (2012), "Lost or altered consciousness – an update", Social Care and Neurodisability, Vol. 3 No. 2, pp. 64-68. https://doi.org/10.1108/20420911211240911

Publisher

:

Emerald Group Publishing Limited

Copyright © 2012, Emerald Group Publishing Limited

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