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Top Disability related benefits topic #7341

Subject: "Employment Support Allowance" First topic | Last topic
higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

Employment Support Allowance
Thu 19-Nov-09 02:58 PM

ESA ( Credits Only ) disallowed Nil points awarded. Client in receipt of DLA High rate Mobility Middle rate Care. Against our advice she insisted on going ahead with appeal although not actually receiving ESA as husband working. Tribunal Chair has now requested dcocuments from DLA to find out why DLA awarded and ESA medical has not awarded points. Is this lawful?

  

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Replies to this topic
RE: Employment Support Allowance, nevip, 19th Nov 2009, #1
RE: Employment Support Allowance, iut044, 02nd Dec 2009, #2
      RE: Employment Support Allowance, higginsa, 07th Dec 2009, #3

nevip
                              

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

RE: Employment Support Allowance
Thu 19-Nov-09 03:10 PM

In short, yes but the tribunal must proceed with caution bearing in mind the dicta laid down in CIB/1639/2009.

  

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iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

RE: Employment Support Allowance
Wed 02-Dec-09 01:23 PM

higginsa you said that you advised the client to not appeal.

Is this because you think that the ESA appeal is unlikely to suceed? Or are you worried that the Disability Living Allowance award will end up being reviewed?

  

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higginsa
                              

Welfare Rights Officer, Housing and Social Work North Lanarkshire Council
Member since
29th May 2008

RE: Employment Support Allowance
Mon 07-Dec-09 09:44 AM

Afraid DLA will be reviewed

  

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Top Disability related benefits topic #7341First topic | Last topic