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Migration Appeals - reduced rate of IS?
I have a client who was recently found to score 6 points on the WCA. (It should have been 54 points!).
I have checked Schedule 1B of the IS Regs, and it seems only those who fail the PCA can get IS at the reduced rate under appeal.
His IS (with DP and SDP) is due to finish on 8th July and we have just put the appeal in.
Since the client has never had to produce a medical certificate before, am I right in assuming he will only qualify for the ESA appeal rate whilst under appeal, and need to produce medical certificates from now on?
[ Edited: 26 Jun 2011 at 07:55 pm by Sandy ]I think you’re correct, though the SDP should still apply to assessment-rate ESA.
I think you’re correct, though the SDP should still apply to assessment-rate ESA.
You were spot on.
Their letter states that he “may have to provide medical certificates” whilst appealing.
The decision maker thinks his brain damage has improved. What a complete waste of resources!
They are “supposed” to use common sense regarding sick notes. I have a client born with missing Chromosomes and with a lifetime learning difficulty as a result (he is 43).
They still insist on sick notes for ESA and have already rejected a 6 month sick note from the DWP as being “too long”
He aint gonna get better so why bother with the paperwork?
They are “supposed” to use common sense regarding sick notes. I have a client born with missing Chromosomes and with a lifetime learning difficulty as a result (he is 43).
They still insist on sick notes for ESA and have already rejected a 6 month sick note from the DWP as being “too long”
He aint gonna get better so why bother with the paperwork?
An excuse for them to mess up and cancel his payments in the future.