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Top Incapacity related benefits topic #4872

Subject: "ESA whist seeking to appeal to Upper Tribunal" First topic | Last topic
pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

ESA whist seeking to appeal to Upper Tribunal
Tue 16-Feb-10 09:53 AM

I'm not sure if this has been in previous posts ...

Under the old IB/IS scheme it was accepted (sometimes reluctantly by the DWP ) that you continued to be entitled to reduced IS whilst appealing to the Commissioners from a negative appeal decision on the PCA.

Does the same apply to ESA, i.e can you continue to get basic ESA whilst pursuing an appeal to the Upper Tribunal?

If so, what happens whilst you are a) awaiting the statement of reasons ( as no application for leave can be made until you have it - so are you actually appealing during this period? ) and b) waiting for leave from the First Tier Tribunal ( again, are you actually appealing whilst waiting for leave?).

  

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Replies to this topic
RE: ESA whist seeking to appeal to Upper Tribunal, nevip, 16th Feb 2010, #1
RE: ESA whist seeking to appeal to Upper Tribunal, ros.white, 16th Feb 2010, #2

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: ESA whist seeking to appeal to Upper Tribunal
Tue 16-Feb-10 10:19 AM

Have a look at the brief discussion under "ESA & appeals to Upper Tribunal, Fri 16-Oct-09 03:48 PM" on this forum. Sorry, but I haven't figured out how to do links since new computers have been installed.

  

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ros.white
                              

writer/editor, rightsnet
Member since
16th Nov 2009

RE: ESA whist seeking to appeal to Upper Tribunal
Tue 16-Feb-10 10:55 AM

here's a link to the ESA + appeals to upper tribunal thread.

  

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