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Top Incapacity related benefits topic #4875

Subject: "ESA - appeal to Lower Tribunal not lapsed but 15 points awarded" First topic | Last topic
derbyadvic
                              

Welfare Rights Officer, Derby Advice
Member since
23rd Jul 2008

ESA - appeal to Lower Tribunal not lapsed but 15 points awarded
Tue 16-Feb-10 01:14 PM

A client has just advised me that she has been told by DWP that ESA appeal has in effect been allowed (scored sufficient points on revised decision) but it has to proceed to a tribunal to decide which component to award.

Has anyone else come across anything similar - does this sound correct?

Thanks in advance,

toby

  

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Replies to this topic
RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded, nevip, 16th Feb 2010, #1
RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded, derbyadvic, 16th Feb 2010, #2
      RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded, nevip, 16th Feb 2010, #3

nevip
                              

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

RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded
Tue 16-Feb-10 01:28 PM

No and no. The appeal lapses if revised in the client's favour and TTS now have no jurisdiction. The DWP must now decide on the evidence in front of it which group to put the claimant in with a fresh right of appeal.

  

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derbyadvic
                              

Welfare Rights Officer, Derby Advice
Member since
23rd Jul 2008

RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded
Tue 16-Feb-10 03:12 PM

Thankyou that was my impression - we'll have to see what happens next perphaps ESA person got it wrong - if it does have to go back I'll let you know,

Toby Lintern

  

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nevip
                              

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

RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded
Tue 16-Feb-10 03:18 PM

Contrast this with Paul's post under JSA appeals to see what a Kafkaesque world the DWP operate in.

  

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