Which criteria will appeal board use?

I failed my ESA medical in July, and I've had a leter saying that my appeal will not be heard before December. As the criteria is about to change will the judges use the same criteria as my medical ( which is what I used in my appeal documents) or will they use the new, tighter rules?

Hi Katykat

Tribunals have to apply the law as at the time of the decision. Therefore they should not take the new tighter regulations into consideration.

I don't think the new proposals are likely to come into effect until March next year anyway.

Best wishes

Derek

Thanks Derek, I was worrying about it.