Subject:
"An ESA decision notice that does not seem to make sense"
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iut044
Advisor, South West Lancashire Independent Community Advice Member since 15th May 2007
An ESA decision notice that does not seem to make sense Mon 11-Jan-10 10:58 AM
Hi
I did an ESA appeal recently for a client who had had all her ESA removed and the decision notice seems to be contradictory. It seems to be saying that the client is entilted to the higher rate without satisfying any of the higher rates descriptors:- Am I missing something obvious? It is listed below:-
The appeal is allowed.
The decision of the Secretary of State issued on X is set aside.
X is entilted to employment and support allowance (ESA) with the support component.
The descriptors satisfied in Schedule 2 ESA Regulations are:-
Welfare Rights Advisor, Wirral Welfare Rights Unit Member since 07th Sep 2009
RE: An ESA decision notice that does not seem to make sense Mon 11-Jan-10 11:34 AM
No - just looks like an error. Could have accepted that substantial risk to health of self or another if found capable of work related activity, but I would have thought tribunalt would then have specifically said so
Welfare lawyer and social policy collator, Basingstoke CAB Member since 13th Mar 2007
RE: An ESA decision notice that does not seem to make sense Mon 11-Jan-10 02:32 PM
Request a correction of the error in the decision (DWP will undoubtedly do so in this case as they will realise the discrepancy, but they may take longer than you to apply).