Forum Home → Discussion → Decision making and appeals → Thread
Correction of decision notice?
Went to an appeal t’other day and got the Employment Support Allowance Decision Notice in the post today. The appeal was allowed and 9 + 6 points were given under Schedule 2. I did ask that Schedule 3 activities were to be viewed as satisfied, as you do, but there’s nowt about them in the decision.
Am I correct in thinking that if a request for Schedule 3 Support Group is requested at appeal that a decision must be given on the Decision Notice? whether allowed or not allowed. As I say, the Decision doesn’t mention Schedule 3 but the Judge has added a further following comment:
“By reason of his mental health, Mr….......... is significantly limited, in particular in severe anxiety and depression. As a result the the above descriptors” [Schedule 2] “are satisfied.”
Should I send it back for correction do you think? Or perhaps there isn’t anything to correct? Or perhaps just let sleeping dog’s lie?
Thank you.
Patrick.
Discussed here.
“If the tribunal has not specifically considered schedule 3 or reg 35 then in my view that is an error open to further appeal”.
I don’t disagree but that point is unknown at this stage. That can only be ascertained from the full statement and I agree that it should be requested. The original question was about sending the decision notice back for amendment. My response is, and remains, that there is no requirement as a matter of law to give any explanation at all on the decision notice (I will be quite happy to be corrected on that). That is why it is open to request reasons. And they, of course, will usually be contained in a separate notice.
Bear in mind DWP will also receive the SoR and even if you choose to not appeal it, a DWP appeals officer might. I’ve had a SoR before that has included the phrase “the appellant has met the conditions of entitlement but a differently constituted tribunal could come to a different decision”.
Luckily, no further action followed.