Subject:
"ESA - appeal to Lower Tribunal not lapsed but 15 points awarded"
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derbyadvic
Welfare Rights Officer, Derby Advice Member since 23rd Jul 2008
ESA - appeal to Lower Tribunal not lapsed but 15 points awarded Tue 16-Feb-10 01:14 PM
A client has just advised me that she has been told by DWP that ESA appeal has in effect been allowed (scored sufficient points on revised decision) but it has to proceed to a tribunal to decide which component to award.
Has anyone else come across anything similar - does this sound correct?
welfare rights adviser, sefton metropolitan borough council, liverpool. Member since 22nd Jan 2004
RE: ESA - appeal to Lower Tribunal not lapsed but 15 points awarded Tue 16-Feb-10 01:28 PM
No and no. The appeal lapses if revised in the client's favour and TTS now have no jurisdiction. The DWP must now decide on the evidence in front of it which group to put the claimant in with a fresh right of appeal.