Lost or altered consciousness – an update

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.

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

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.

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