UC and upper tribunal in a gateway area…..

Client in a gateway area - has lost FTT for ESA - wants to appeal to UT (ins and outs of this bit not relevant).

Cannot claim UC if there is an appeal in against a benefit decision - does this include an appeal to the UT or is it just FTT appeals it relates to?

Many thanks

Elaine

Para 3 ( Gateway Conditions - Existing Benefits ) of Sch 5 to the No 9 order ...

“3(4) If the claimant has appealed against a decision that he or she is not entitled to a benefit mentioned in sub-paragraph (1)(a) to (c) [IS, old-style JSA, old-style ESA] , the Secretary of State must be satisfied—

(a) that the appeal to the First-tier Tribunal, and any subsequent appeal to the Upper Tribunal or to a court , is not ongoing; and

(b) where an appeal has been finally determined, that there is no possibility of a further appeal by any party”

Thank you Jon, this is most helpful.

Many thanks

Elaine

Hello all

Could anyone help with some practical advice on this issue?  So an appeal to the UT will mean claimant will not get through the gateway.  Would DWP staff operating the gateway feel it was sufficient that a client had asked for statement of reasons, record of proceedings and expressed an intention to apply for permission to appeal to UT?

thanks

Owen Stevens - 14 September 2016 11:00 AM

Hello all

Could anyone help with some practical advice on this issue?  So an appeal to the UT will mean claimant will not get through the gateway.  Would DWP staff operating the gateway feel it was sufficient that a client had asked for statement of reasons, record of proceedings and expressed an intention to apply for permission to appeal to UT?

thanks

It may be necessary to insist on compliance with the (b) part of the paragraph above. There is still a “possibility of appeal” by either party.