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Interpretation please

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11 years 2 months ago - 11 years 2 months ago #97387 by petrocelli
Interpretation please was created by petrocelli
Hi all, plea to all Mod’s please.

On part three of Decision for ESA (LT54(DMACR))

THE LAW reads:

Welfare Reform Act 2007, section 1 and Schedule 4
ESA (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards) (No. 2) Regulations 2010, regs 5,6,7,13,14 and 16
ESA Regs 2008, reg 34 and 35
ESA (LCW and LCWRA) (amendment) Regulations 2011, Schedule 2
Social Security Act 1998, section 9
Social Security and Child Support (Decisions and Appeals) Regulations 1999, reg 3


Anyone able to interpret for me/point me in right direction for me to DIY?
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #97388 by Gordon
Replied by Gordon on topic Interpretation please

petrocelli wrote: Hi all, plea to all Mod’s please.

On part three of Decision for ESA (LT54(DMACR))

THE LAW reads:

Welfare Reform Act 2007, section 1 and Schedule 4
ESA (Transitional Provisions, Housing Benefit and Council Tax Benefit)(Existing Awards) (No. 2) Regulations 2010, regs 5,6,7,13,14 and 16
ESA Regs 2008, reg 34 and 35
ESA (LCW and LCWRA) (amendment) Regulations 2011, Schedule 2
Social Security Act 1998, section 9
Social Security and Child Support (Decisions and Appeals) Regulations 1999, reg 3


Anyone able to interpret for me/point me in right direction for me to DIY?


An LT54 is completed when a Decision is Reconsidered, it is also completed when claimants are transferred from another benefit to ESA.

This section details all of the applicable legislation under which the Decision has been made, I would imagine that it is a standard copy/paste.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 2 months ago #97442 by petrocelli
Replied by petrocelli on topic Interpretation please
Thanks G.

That particular piece of paperwork came about because after receiving standard three page letter, finally telling me on the last page that I’d at last been put into the SG at Appeal, I received one of those letters re: changes that could affect payments from 3/12/12, which kept telling me I was in the WRAG Group.

In reply to asking by post, my local JC+ Advisor, the JC+ Office that sent the letter re : payments being affected and the JC+ that dealt with my Appeal, I received one reply by post ESA85A; DWP print out of their computer screen showing my details and confirming(highlighted), that I was in SG and the previously mentioned LT54(DMACR).

So I suppose then Gordon I need to Google each reference to The Law, for my own curiosity.

Substantial risk was confirmed.

Many thanks G.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 2 months ago #97445 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Interpretation please
All Social Security legislation etc is contained in The Law Relating to Social Security
commonly referred to as the 'Blue Volumes'

You can subscribe free for updates on the link above, I can't post the e-mail address, as you need to register on the above link to prevent spam.

It will take some time to plough through all of the legislation, regulations, amendments etc.

I'm a retired Welfare Rights Lawyer, and I often find it difficult to interpret quite a bit social security law, as it's written so badly.

My advice which of course you are free to ignore, is just be happy you're now in the support group.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 2 months ago #97592 by petrocelli
Replied by petrocelli on topic Interpretation please
Sincere thanks for the link you supplied Jim and for your appreciated advice.

P.

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  • bro58
11 years 2 months ago #97601 by bro58
Replied by bro58 on topic Interpretation please
Hi P,

As a starting point for you, as I see that,

"ESA Regs 2008, reg 34 and 35 &

ESA (LCW and LCWRA) (amendment) Regulations 2011, Schedule 2"

are cited, here they are :

www.legislation.gov.uk/uksi/2008/794/regulation/34/made

www.legislation.gov.uk/uksi/2008/794/regulation/35/made

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

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