10 years of stammeringlaw 1999-2009
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'Limited capability for work-related activity'

This is relevant for Employment and support allowance. If you have 'limited capability for work-related activity' you go into the support group. If you do not (but meet the 'limited capability for work' test so as to be entitled to the allowance), you go into the 'work-related activity' group and have work-focused interviews.

A person whose only impairment is a stammer is not likely to have 'limited capability for work-related activity'. Accordingly they will go into the 'work-related activity' group, taking part in work-focused interviews. (More on the difference between the groups.)

Why will a stammer alone not meet the 'limited capability for work-related activity' test? To pass the test it is not enough that, for example 'speech cannot be understood by strangers'. Under the 'Communication' heading (11(a)), you need to be able to do none of a list of things, including speech, writing, typing (in each case so as to be understood by strangers) or sign language to a certain level. Stammering should not affect one's ability to write or type.

The only possibility I could see for meeting the test on the basis of a stammer alone is 11(c): "Misinterprets verbal or non-verbal communication to the extent of causing himself or herself significant distress on a daily basis". This could be argued to apply to many who stammer, in the sense that they misinterpret reactions to their speech, which does cause significant distress. However I suspect that the wording would not be interpreted widely enough to be of great help for 'normal' stammering.

The full list of criteria that can justify a person having 'limited capability for work-related activity' and going into the support group is in regulations at www.opsi.gov.uk/si/si2008/uksi_20080794_en_17#sch3


Main Social Security Benefits page: Employment and support allowance.
'Limited capability for work' - the normal test for whether you are entitled to ESA.

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Last updated 16th November, 2008