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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

One benefit caselaw

CDV Adviser
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Nestor Financial Group Ltd

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Hi,

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?

Thanks

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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https://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=4349

‘…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))

CDV Adviser
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Nestor Financial Group Ltd

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Thanks Paul, greatly appreciated.

ROBBO
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Welfare rights team - Stockport Advice

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Perfect - I was just about to try searching it out myself.