Hearing outcome of ESA appeal - 9 points only - can we argue for set aside if consideration of SG not noted in decision

Tribunal decision states Reg 29 considered but found not to apply and points given for 1c - client already has DLA HRM and judge was asked to look at Reg 35 for Support Group on basis of severe spinal pain.

Only limited medical evidence as we cannot pay for it and tribunal also have not considered adjournment either to access health records despite discussion of limited evidence.

Can we argue for a set aside on basis they havent acknowledged our request for consideration of Reg 35 in decision?

Its been a long day….......

No, a decision notice is merely a record of the appeal decision which may contain some, all or even no reasons.  You will have to get a statement of reasons, see what that says and try to find an error of law.  If, the sor differs markedly from the reasons given in the notice that could also be an error of law.

Maybe I’m missing something, but I’m struggling to envisage a situation where Reg 29 doesn’t apply but Reg 35 does.  Surely if the Tribunal have expressly stated that Reg 29 doesn’t apply then, by implication, Reg 35 doesn’t either?

grant - 04 October 2013 01:52 PM

Maybe I’m missing something, but I’m struggling to envisage a situation where Reg 29 doesn’t apply but Reg 35 does.  Surely if the Tribunal have expressly stated that Reg 29 doesn’t apply then, by implication, Reg 35 doesn’t either?

Reg 29 only applies if there are insufficient points in schedule 2. 15 on sched 2 then reg 35 is a common outcome, the 15 on sched 2 rules out reg 29.

Oops I thought I was posting on the new thread. Apols for gravedigging