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ESA Newsflash!!! WRAG To Support Group!!!

December 10, 2014

Spotted on Facebook. Sharing because it might be useful for some readers.



Attended an ESA, WRAG appeal today, for the purpose of using Reg 35a ESA Regulations 2008. In regard that making someone attend a work based interview,would put that person or members of public at risk.

Case was adjourned. Currently the DWP have applied to 2nd Tier Tribunal using Reg 26(4a), regarding that the Tribunal service are asking for more evidence to overturn DWP decisions, which the DWP are appealing is Errors of Law,from the Tribunal asking for more evidence to make judgements. 2nd Tier Tribunal have kept the ruling and DWP have now appealed to Appeal Court over these rulings.

Basically what this means. Is if you are currently going to Tribunal or appealing where Reg 35a is to be used, your case will be adjourned. The Judge today, informed us due to this appeal by DWP, Judgements on Reg 35a ESA Regulations 2008 cannot be decided until appeal court has sorted this issue out. Therefore it may take until End of February 2015, before any case where Reg 35a is being used will be resolved.

This was from a Tribunal Chair today from Truro Tribunal service today.

4 Comments leave one →
  1. December 10, 2014 4:36 pm

    Reblogged this on Diary of an SAH Stroke Survivor.

  2. December 11, 2014 12:48 pm

    Reblogged this on lawrencerowntree.

  3. December 12, 2014 10:53 pm

    Reblogged this on Britain Isn't Eating.

  4. February 23, 2015 7:58 pm

    Latest news….
    Reg 35a ESA News…
    Well thats a turn up for the books….Had to attend a Tribunal in someone’s absence in Jan 2015. Tribunal was adjourned,due to we were using reg 35a ESA Regs and DWP taking Reg35a to upper Tribunal as unlawful/error of law for being used for appealing WRAG to the support group.
    By the sounds of letter our client just received from the Tribunal Service, the DWP have lost their appeal and have now been instructed to find evidence of any type of work the DWP can evidence that our client is capable of. Different twist,but when I can discover more,will keep you up to date on this Regulation and ruling, but it sounds like good news!

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