Secretary of State for Work and Pensions v Brade

Social security – Benefit – Employment Support Allowance. Court of Session: Allowing an appeal by the Secretary of State in a case which concerned the interpretation of a regulation which determined whether or not person was capable of 'work related activity', the court considered that descriptor 13 of Sch 3 to the Employment and Support Allowance Regulations 2008 must apply if a claimant suffered from a mental disorder which had the consequence that, for the majority of the time, he could not engage in social contact.

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