15. Exceptional circumstances
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15. Exceptional circumstances
If the decision maker decides you do not meet the limited capability for work assessment, they can still treat you as having a limited capability for work if one of the following ‘exceptional circumstances’ applies, that is, you have either:
    ■a life-threatening disease for which there is medical evidence that it is uncontrollable or uncontrolled by a recognised therapeutic procedure (and, in the latter case, there is a reasonable cause for this); or
    ■some specific disease or bodily or mental disablement, and because of that there would be a substantial risk (see below) to any person’s mental or physical health if you were found not to have a limited capability for work. This circumstance will not apply to you if the risk could be significantly reduced by making reasonable adjustments to your workplace or by you taking medication as prescribed.
    ESA Regs, reg 25 ; UC Regs, Sch 8 , paras 4-5
Substantial risk
The risk should be linked to the work, and any work
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