DLA Application - Include ?

DandyBoy wrote: Having the very recent Tribunal Decision Notice allowing my appeal and directing that i should be placed in the Support Group ... and giving the reason ...
"..the following was found to apply from Schedule 3 of the ESA Regulations 2008 : 1 (b) ..

Not knowing the precise terms i Google'd the legislation to find that - in a "Document Generated 2013-01-24" at 1 (b) it explains this as meaning ...
"(b) repeatedly mobilise 50 metres..."

but in another "Document Generated 2013-02-08" at 1(b) it states ...
"(b) move (with the aid of crutches if crutches are normally used ; ...more than 30 metres ..."

My Tribunal Decision Notice was received on 2013-02-08 (8th Feb) as per the latter directive -
my question is - 'which' Document applies/is effective, to my Decision ?
I am thinking the former dated 2013-01-24 ?

Also, when making my application for DLA mobility - should i include the Tribunal Decision Notice with my Application as evidence ?

Any guidance appreciated. Many thanks as always, Dandy Boy !

Bro58 and I noticed this in your post last night, but did not have time before the forum closed to pursue it with you.

You are the second poster who has had a notice referring to the ESA Regs 2008, so my first questions is this the only legislation that this refers to? In particular does it refer to the

The Employment and Support Allowance (LimitedCapability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011

If they do then there is no problems, and I am not suggesting that there is a problem if they do not.

The legislation referred to is the one of the pieces of law under which ESA operates, the problems is that ESA is one of those pieces of law that has been amended more than once. Infact there are now three pieces of law that govern the ESA descriptors and two that cover the Regulations.

Whilst I do not believe that you have been assessed at your Tribunal using the wrong piece of law, it does look like either the wrong piece of law has been referred to on the Decision notice or more likely, the right piece of law has not been included on the notice.

To be clear, I would expect you to have qualified for the SG under the "unable to repeat" descriptor and not because you use crutches.

If I have not alreadty confused you then you need to contact the Tribunal Service and ask for a new Decision Notice to be issued quoting the correct applicable legislation.

Gordon

Ortho Tortoise wrote: On checking my Decision notice issued yesterday, it also only refers to ESA Regulations 2008, I gained entry to the SG under descriptor 1(b), the 'unable to repeat' descriptor.

Is there a problem with tribunals referring to the wrong regulations that needs addressing?

The Decision Notice is a legal document so technically it should be correct, I think it unlikely that the DWP will make anything of it, but I would recommend contacting the Tribunal Service and asking for a new notice to be issued with the correct reference.

Gordon

DandyBoy wrote: Well spotted Gordon and Bro58 !

The Decision Notice reads (verbatim) -
1 The appeal is allowed.
2. The decision made on 01.11.2011 is set aside.
3. The appellant is entitled to Employment and Support Allowance ("ESA") and is to be placed in the support group.
4. This is because in applying the Work Capability Assessment the following was found to apply from Schedule 3 of the ESA Regulations 2008 :
1 (b)
- End

I am assuming this means because they determined i could not walk/move either 50 (or then 30) metres ...'without... etc, etc. - rather than 'with crutches' ...

Is it appropriate for me to include as evidence within DLA App ?

Thanks as always, Dandy Boy

The ESA test is more restricitive than the DLA one, so it is worth including, but the Notice will not specifically entitle you to DLA, you will still need to complete a claim and provide additional medical evidence to support your application.

Gordon