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Relevance of UC LCWRA on a PIP Decision

WRT Case Worker
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On page B (Appeal Response) Section 2: Facts of the case, there appears-

“C is entitled to UC”. Is it odd that the DM makes no reference to the ‘fact’ that C is treated as having LCWRA ?

Is this potentially a relevant consideration in preparing subs for a PIP appeal.

I’m inclined to think that ‘the reasons’ underpinning the award of the element could be relevant but I’m not sure, Is there any legislation or case law on this?

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Elliot Kent
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Yes - KW sets out the position, albeit rather bluntly. See also MA v SSWP (PIP) [2017] UKUT 531 (AAC) which deals with the potential error of law by a Tribunal who does not call for the ESA evidence.

And also see CH & KN v SSWP (PIP) [2018] UKUT 330 (AAC) on the related issues arising seeking out and using DLA evidence in a transfer case.

zuvembe
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As a writer of appeals ,, I can say that on a request from HMCTS, we now include the relevant ESA or UC 85 as evidence in the submission. Further to this, those assessments are forming part of the “empowerment” process when considering to lapse an appeal in favour of the claimant.

BC Welfare Rights
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Interesting. Here in the North East region I have never seen these in appeal papers produced by the DWP unless there has been a direction to include them.  Do you know if this is specific to a particular region?

zuvembe
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As far as I can make out,  it is across all areas. Having said that, there is a wide variance in adopting this approach, so one could say it is early days.

Timothy Seaside
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I’ve just seen a PIP appeal submission from the DWP which says my client is in the Work Related Activity Group for UC (whatever that means). No further information. Client stopped work and applied for UC three months ago and has not had a WCA.

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zuvembe - 28 August 2019 11:52 AM

As a writer of appeals ,, I can say that on a request from HMCTS, we now include the relevant ESA or UC 85 as evidence in the submission. Further to this, those assessments are forming part of the “empowerment” process when considering to lapse an appeal in favour of the claimant.

Just out of curiosity, zuvembe, when was this ‘empowerment ’ process rolled out in Sefton?

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Elliot Kent - 27 August 2019 08:13 AM

Yes - KW sets out the position, albeit rather bluntly. See also MA v SSWP (PIP) [2017] UKUT 531 (AAC) which deals with the potential error of law by a Tribunal who does not call for the ESA evidence.

And also see CH & KN v SSWP (PIP) [2018] UKUT 330 (AAC) on the related issues arising seeking out and using DLA evidence in a transfer case.

Thanks, Elliot, I’ll go with CH & KN as a primary.