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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA appeal allowed but the decision does not specify whether work related or support group

Liz S
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Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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HMCTS decision notice confirms the appeal is allowed but the Judge states ‘the matter is now remitted to the Secretary of State to make a decision about entitlement to ESA’ .......

The decision confirms our client has LCW but has anyone had similar wording on a decision? We are concerned that the decision may not be accepted by DWP as we have never seen such wording before.

All advice appreciated.

grant
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Welfare rights adviser - Sefton CAB

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Is there another issue affecting entitlement? for example a dispute about income/capital, NI contributions, R2R? There are many reasons why someone with LCW would still not receive any actual ESA payments.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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Liz S - 20 October 2017 11:17 AM

HMCTS decision notice confirms the appeal is allowed but the Judge states ‘the matter is now remitted to the Secretary of State to make a decision about entitlement to ESA’ .......

The decision confirms our client has LCW but has anyone had similar wording on a decision? We are concerned that the decision may not be accepted by DWP as we have never seen such wording before.

All advice appreciated.

Limited Capability for Work is the correct (legally and otherwise) wording for Work Related Activity.

 

Liz S
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Welfare specialist and appeals officer - Herefordshire Council Welfare Rights Team

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No other entitlement issues whatsoever - we just find it odd that no decision given as which component our client should be awarded - the Judge appears to be sitting on the proverbial fence….

past caring
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Welfare Rights Adviser - Southwark Law Centre, Peckham

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Hmmm - a ‘decision about entitlement’ is also a decision about how much benefit a person is entitled to - and involves such (hopefully) non-contentious issues as whether they are to be paid at the single person or couple rate and whether an enhanced or severe disability premium is payable.

I think you’re worrying unnecessarily.

Elliot Kent
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Remember that the Tribunal will be starting to deal with cases now where claims were made post April 2017. If they find that a claimant has LCW but not LCWRA, whether they are actually entitled to the WRAC is going to depend on when the claim was made and whether any transitional protections apply. It makes sense that they would adopt more tentative language.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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John Birks - 20 October 2017 11:30 AM

Limited Capability for Work is the correct (legally and otherwise) wording for Work Related Activity.

Strictly speaking, Limited Capability for Work is a basic entitlement condition to ESA (sec.1(3)(a) WRA 2007). It doesn’t necessarily mean Work Related Activity.

If someone is found not to have Limited Capability for Work Related Activity, then that does mean they’re in the Work Related Group.