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Top Incapacity related benefits topic #4736

Subject: "An ESA decision notice that does not seem to make sense" First topic | Last topic
iut044
                              

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

An ESA decision notice that does not seem to make sense
Mon 11-Jan-10 10:58 AM

Hi

I did an ESA appeal recently for a client who had had all her ESA removed and the decision notice seems to be contradictory. It seems to be saying that the client is entilted to the higher rate without satisfying any of the higher rates descriptors:- Am I missing something obvious? It is listed below:-

The appeal is allowed.

The decision of the Secretary of State issued on X is set aside.

X is entilted to employment and support allowance (ESA) with the support component.

The descriptors satisfied in Schedule 2 ESA Regulations are:-

11a -15 points

None of the descriptors in schedule 3 applies

  

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Replies to this topic
RE: An ESA decision notice that does not seem to make sense, sovietleader, 11th Jan 2010, #1
RE: An ESA decision notice that does not seem to make sense, ariadne2, 11th Jan 2010, #2
      RE: An ESA decision notice that does not seem to make sense, iut044, 11th Jan 2010, #3

sovietleader
                              

Welfare Rights Advisor, Wirral Welfare Rights Unit
Member since
07th Sep 2009

RE: An ESA decision notice that does not seem to make sense
Mon 11-Jan-10 11:34 AM

No - just looks like an error. Could have accepted that substantial risk to health of self or another if found capable of work related activity, but I would have thought tribunalt would then have specifically said so

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: An ESA decision notice that does not seem to make sense
Mon 11-Jan-10 02:32 PM

Request a correction of the error in the decision (DWP will undoubtedly do so in this case as they will realise the discrepancy, but they may take longer than you to apply).

  

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iut044
                              

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

RE: An ESA decision notice that does not seem to make sense
Mon 11-Jan-10 02:40 PM

Thanks for both of yours help. Is it a case of writing to the Tribunal Service?

  

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