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ESA claimants can now appeal without MR first

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4 years 4 months ago #253935 by Spaceman
Just to let the mods and other users know, it appears that this locked post needs updating
www.benefitsandwork.co.uk/forum/10-dla-e...als-updated-28-10-13

in light of this recent decision by the High Court that claimants who, once an appeal is initiated, meet the conditions for payment pending appeal under regulation 30(3) of the ESA Regulations, can go straight to appeal.
www.disabilityrightsuk.org/news/2020/aug...a-claimants-unlawful

Obviously that decision is specific to ESA but its hard to see how the DWP could justify not following it in respect of PIP as well, assuming that the PIP regulations provide for claimants to continue receiving some amount of payment pending appeal. However, this is the DWP we're talking about so just because something seems obvious, they will probably be stubborn and wait until someone brings a specific case about PIP before changing their procedures.

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4 years 4 months ago - 4 years 4 months ago #253943 by BIS
Hi DJ

Thanks for pointing that out.

A lot of the information was out of date ao I've unstuck that post so it will no longer appear at the top.

The information was in the newsletter.
www.benefitsandwork.co.uk/news/4264-29-july-2020-update


BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 4 months ago by BIS.
The following user(s) said Thank You: Susie27, Spaceman

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4 years 4 months ago #253950 by denby
I do hope that someone with the oomph and legal knowledge will tackle this issue. I for one will chip in to a crowdfunder for it as so many of us did for the ESA judicial review that won this harm reduction. Any volunteers/anyone know anyone? Could a law centre or workers' rights centre take the case? Denby

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