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TOPIC: Effect of new Regulations on appeals

Effect of new Regulations on appeals 6 years 10 months ago #73990

My son is appealing aginst stopping of ESA which Tribunal re-instated 2 years ago. Went to hearing and it was adjourned to obtain more evidence. Panel emphasised how the new regulations were changing likelihood of winning appeal. Is there any information/case law available about what is happening to appeal outcomes since the introduction of the new regulations? It seems that more and more people are going to fail. In our case the argument that having a Tribunal uphold the appeal and reinstate ESA AND put him in support group is irrelevant even though his condition (brain injury) hasn't changed because the new regulations are so much tighter.

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Re:Effect of new Regulations on appeals 6 years 10 months ago #73997

Whilst it may be more difficult in the opinion of the appeal tribunal to "win" appeals, this in my opinion is a generalised sweeping statement. Indeed, I cannot see the reason why the tribunal made mention of it, as each appeal should be taken solely on its merits which accordingly applies in your son's case, unless they were intent on dissuading you to abandon the appeal?

The regulations may have been tightened up, but does the support group descriptor still exist under the amended regulations that led him to qualify on appeal for the SG under the old regulations? If so, you should contend that in the absence of any change in your son's medical condition this descriptor should still apply?

As the tribunal have adjourned to obtain further medical evidence from whatever source, is the reconvened hearing (as is the normal practice) to take place before the same tribunal ? If so, it may be worthwhile to proceed in accordance with the last sentence of the last paragraph? It will then be a matter for the tribunal to explain why he either fits the descriptor, or fails to meet the relevant criteria?

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Last Edit: by Crazydiamond. Reason: Grammar correction.
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