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Declaring ESA arrears to local authority
- Angel
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2 years 8 months ago #270647 by Angel
Replied by Angel on topic Declaring ESA arrears to local authority
www.legislation.gov.uk/uksi/2018/932/pdf...siem_20180932_en.pdf
I may be wrong, but I have researched this a lot. My arrears were/are PIP and SDP as a result of a Tribunal, so awarded on Error of Law. I have researched the UC and Pension Credit bit as this is relevant to the SDP part of my backpay. Both lots were over 5K. I will presumably be receiving PIP until I am dead or the system changes again.
If the above Statutory Instrument has been abolished, please let me know. Thank you.
I may be wrong, but I have researched this a lot. My arrears were/are PIP and SDP as a result of a Tribunal, so awarded on Error of Law. I have researched the UC and Pension Credit bit as this is relevant to the SDP part of my backpay. Both lots were over 5K. I will presumably be receiving PIP until I am dead or the system changes again.
If the above Statutory Instrument has been abolished, please let me know. Thank you.
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- Gary
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2 years 8 months ago #270660 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Declaring ESA arrears to local authority
Hi Angel
As far as I am aware the statutory instrument is still valid, I do quote from it quite often on the forum.
Thank you for posting the ink
Gary
As far as I am aware the statutory instrument is still valid, I do quote from it quite often on the forum.
Thank you for posting the ink
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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2 years 8 months ago #270675 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Declaring ESA arrears to local authority
Angel
Unless the Tribunal Decision corrected an actual Error of Law which would be unusual, as opposed to revising an entitlement Decision then no Error of Law would have occurred and the Regulations you have linked to do not apply.
So did an actual Error or Law occur?
Gordon
Unless the Tribunal Decision corrected an actual Error of Law which would be unusual, as opposed to revising an entitlement Decision then no Error of Law would have occurred and the Regulations you have linked to do not apply.
So did an actual Error or Law occur?
Gordon
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- Angel
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2 years 8 months ago #270682 by Angel
Replied by Angel on topic Declaring ESA arrears to local authority
I think so. Official error at the very least (which is also covered). The DWP did not follow legislation on a couple of points. It went to the UT. I then had a second FTT.
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- Gordon
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2 years 8 months ago #270704 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Declaring ESA arrears to local authority
Angel
That does not mean that there was an Error in the making of the DWP Decision. The UTT would have considered Errors made by the panel of your first FTT not the DWP.
Gordon
That does not mean that there was an Error in the making of the DWP Decision. The UTT would have considered Errors made by the panel of your first FTT not the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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