ESA & DLA

In Case   CE/3378/2011

18. The officer who prepares the submission to the tribunal has to make a judgment about what to include. The officer should provide all material relevant to the decision under appeal and, in particular, to the issues raised by the claimant in the appeal. Extraneous material is of no benefit to anyone and may be confusing. However, it may not be completely clear whether particular documents will or will not be relevant to the hearing. If in doubt, officers for a local authority should err on the side of caution and include anything that might be relevant to the hearing.

This case was about a claimant who went to tribunal about ESA and the judge said that an award of DLA was relevant to ESA.

It would appear to me that it ought to be vice versa, does anyone else have any thoughts on this, as I wish to use the reverse argument about a claimant who is going to FtT REGARDS TO dla AND THE dwp HAVE NOT SENT ANY MATERIAL REGARDING THEIR ESA claim and the fact they are in the support group and in receipt of the Severe Disability too.

Any thoughts appreciated