One benefit caselaw
I’m out of the office without access to much information. A few years ago there was caselaw that a claim to ESA should treat IR and C as one benefit and a decision based on both. Can anyone point me to where to find it please?
‘…because a claim is not necessary in respect of each element of ESA, if a person says on a claim form that he or she wishes to ‘claim’ only one element and a decision is made in respect of that element, it seems to me that it must be open to the claimant, if he or she thinks that it was a mistake not to ask for both elements to be considered, to raise the question of entitlement to the other element by way of an application for a revision under section 9 ‘on any ground’ (see regulation 3(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (SI 1999/991))
Thanks Paul, greatly appreciated.
Perfect - I was just about to try searching it out myself.