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ESA Conversion Process appeals

  • sunbeam75
  • Topic Author
12 years 2 weeks ago - 12 years 2 weeks ago #83067 by sunbeam75
ESA Conversion Process appeals was created by sunbeam75
Hi,

With regard to the advice in the Spotlights section of the forun regarding the above, has anyone used used this information at a tribunal and if so what was the reaction of the members, particularly the judge ?
Last edit: 12 years 2 weeks ago by slugsta.

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  • bro58
12 years 2 weeks ago - 12 years 2 weeks ago #83068 by bro58
Replied by bro58 on topic Re:ESA Conversion Process appeals
sunbeam75 wrote:

Hi,

With regard to the advice in the Spotlights section of the forun regarding the above, has anyone used used this information at a tribunal and if so what was the reaction of the members, particularly the judge ?


Hi SB75,

See this discussion on rightsnet Re : the same :

www.rightsnet.org.uk/forums/viewthread/1944/P0/

bro58
Last edit: 12 years 2 weeks ago by bro58.

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12 years 2 weeks ago #83090 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA Conversion Process appeals
Unless an appellant is represented by an experienced welfare rights officer at a tribunal, it would be inadvisable to argue the "notified person" submission as detailed in the Spotlights section. The main reason is that the tribunal would in all probabilities wish to question the appellant about the validity of the argument contained therein, and the vast majority would not be in a position to defend the submission.

The purpose of the inclusion of the submission in the Spotlights section was to bring to the notice of members that there are potentially preliminary grounds to uphold the appeal on a legal point before any consideration would be given to the substantive issue, which would be the appeal against the adverse decision not to award ESA at either the work-related activity component or the support component rate.

If an appellant finds themselves in a position where they believe they should be entitled to ESA, and they are to be represented by a WRO before a tribunal, the submission could be brought to the notice of the WRO who could decide on its merits whether it should be advanced as an issue pertinent to the appeal, but it is not recommended that the submission is used in isolation, and it most certainly should not be used by an inexperienced, unrepresented appellant before an appeal tribunal.

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