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This is the first part of a two‐part paper that considers the assessment criteria for incapacity benefit (IB) and employment and support allowance (ESA) and how these benefits apply to claimants who are unable to work because they experience episodes of lost or altered consciousness.Part one considers how the IB/ESA appraisal system works in practice and looks specifically at the legal interpretation of lost and altered consciousness. Part two, which will be published in a future issue, will give practical guidance to advisers.

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