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Reinstatement of ESA after ‘good cause’ appeal

 

Pete at CAB
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Childrens Centre Adviser, CAB, Camborne

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Joined: 12 December 2017

This is a pretty obvious question, apologies if I have missed ( or more likely forgotten) something obvious;

A colleague has a client who was in the SG.

Cl. failed to attend a medical and ESA then stopped. Cl initiated a ‘good cause’ appeal and won. ESA was reinstated but only at the assessment rate.

I’ve probably missed something but why is the ESA only reinstated at the assessment rate?

If the cl. had gone to the medical they would have been paid the SG component right up to the day the that DWP decided that they were no longer entitled because they no longer had LCW/LCWRA.

If the tribunal decision has the effect of nullifying the decision that they did not have ‘good cause’ (and therefore cannot be ‘treated as not having LCW/LCWRA’ ) then why is the SG component not paid?

Any references or previous experiences of the issue gratefully received!

     
Brian JB
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Advisor, Wirral Welfare Rights Unit, Birkenhead

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It’s wrong, pure and simple. As you said, the award (including the support component) that was terminated by the “fail to attend” decision should have been put back in place. Never experienced the same problem with cases here