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ESA Tribunal - Schedule 3 descriptors
- Aslan
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12 years 7 months ago - 12 years 7 months ago #88222 by Aslan
ESA Tribunal - Schedule 3 descriptors was created by Aslan
I’m not sure that my ESA Tribunal was conducted legally correctly. I was appealing to be moved from the Work-Related Activity Group to the Support Group. I appealed under the exceptional circumstances rule, and had stated in my appeal letter that:
I believe there would be a substantial risk to my mental health if I were found not to have limited capability for work-related activity.
However, at the Tribunal, the Solicitor/Judge made repeated references to Schedule 3 descriptors, without clarifying what this meant, (and my advocate wasn’t clear on this either, being new to the job). I lost the Tribunal because ‘No descriptors were satisfied under Schedule 3 regulations.’
I now know that Schedule 2 is ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK and Schedule 3 is ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY. I think on your website you call them ‘Support Group Descriptors’. (Cannot find a reference to Schedule 3 specifically.)
I had thought that exceptional circumstances were those which did not specifically relate to these descriptors? Can anyone please clarify this?
I would hate anyone else to 'fall foul' because they are bombarded with 'legalise'!
I believe there would be a substantial risk to my mental health if I were found not to have limited capability for work-related activity.
However, at the Tribunal, the Solicitor/Judge made repeated references to Schedule 3 descriptors, without clarifying what this meant, (and my advocate wasn’t clear on this either, being new to the job). I lost the Tribunal because ‘No descriptors were satisfied under Schedule 3 regulations.’
I now know that Schedule 2 is ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK and Schedule 3 is ASSESSMENT OF WHETHER A CLAIMANT HAS LIMITED CAPABILITY FOR WORK-RELATED ACTIVITY. I think on your website you call them ‘Support Group Descriptors’. (Cannot find a reference to Schedule 3 specifically.)
I had thought that exceptional circumstances were those which did not specifically relate to these descriptors? Can anyone please clarify this?
I would hate anyone else to 'fall foul' because they are bombarded with 'legalise'!
Last edit: 12 years 7 months ago by Gordon.
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- Gordon
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12 years 7 months ago #88225 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Tribunal - Schedule 3 descriptors
Aslan
You are correct in thinking that Schedule 3 refers to the Support Group descriptors, this and Schedule 2 were/are attached to the original ESA Regulations 2008.
When the ESA descriptors were updated in 2011, the replacement legislation refers also refers to Schedule 2 and 3.
With regard to being placed in the SG under the Exceptional Circumstances, this is covered under Regulation 35 and not either of the Schedules.
With regard to your hearing, as you have a representative, in the first instance you should speak to them with regard to challenging the panels Decision, however there are rules for you doing this.
What is an Error of Law?
The first part of the process is to request a Statement of Reasons
Tribunals – Requesting a Statement of Reasons
Gordon
You are correct in thinking that Schedule 3 refers to the Support Group descriptors, this and Schedule 2 were/are attached to the original ESA Regulations 2008.
When the ESA descriptors were updated in 2011, the replacement legislation refers also refers to Schedule 2 and 3.
With regard to being placed in the SG under the Exceptional Circumstances, this is covered under Regulation 35 and not either of the Schedules.
With regard to your hearing, as you have a representative, in the first instance you should speak to them with regard to challenging the panels Decision, however there are rules for you doing this.
What is an Error of Law?
The first part of the process is to request a Statement of Reasons
Tribunals – Requesting a Statement of Reasons
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- slugsta
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12 years 7 months ago #88226 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA Tribunal - Schedule 3 descriptors
As you have found, working out whether something was, or was not, an 'error of law' is beyind the scope of most laymen. I would advise you to take specialist advice regarding this.
What is an error of law?
Where to get advice
You will need to get a Statement of Reasons from the Tribunal service
Tribunals – requesting a statement of reasons
What is an error of law?
Where to get advice
You will need to get a Statement of Reasons from the Tribunal service
Tribunals – requesting a statement of reasons
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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