Appeal to Upper Tribunal

Thank you Gordon, as you say on to the next stage of the procedure!!

Thank you.

Hi there, I have posted about my Appeal to the Upper Tribunal and being sent back for a further 1st tier Tribunal hearing. I am in a very distressed state as if I do not win this Appeal to go into the Support Group, I will lose my home. I have had a representative from a Law Centre so far but following several emails and message left for him to call me I have had no response to either. I do not know if he will be at the hearing and I really do not know what to do if he isn't there. I suffer from chronic depression as well as several autoimmune diseases and have lost a full time job and a permitted work job on health grounds and don't know what else I can do. My question is do the Tribunal have to take into account my being homeless if I don't win? Any help would be very appreciated. Thank you

Starlet97 wrote: Hi there, I have posted about my Appeal to the Upper Tribunal and being sent back for a further 1st tier Tribunal hearing. I am in a very distressed state as if I do not win this Appeal to go into the Support Group, I will lose my home. I have had a representative from a Law Centre so far but following several emails and message left for him to call me I have had no response to either. I do not know if he will be at the hearing and I really do not know what to do if he isn't there. I suffer from chronic depression as well as several autoimmune diseases and have lost a full time job and a permitted work job on health grounds and don't know what else I can do. My question is do the Tribunal have to take into account my being homeless if I don't win? Any help would be very appreciated. Thank you

Hi S97,

I am sorry to hear that you are having problems contacting your Rep at The Law Centre, maybe you could try contacting them through the Manger of the centre.

Unfortunately, although the Tribunal Panel may sympathise with your personal predicament, they cannot take your potential homelessness into account when coming to a decision.

They can only re-look at the adverse decision appealed, and decide whether or not you should have been placed into The SG at the time of the adverse decision under the law.

i.e. Did you fulfil at least one, any one of : The Functional SG (LCWRA) Schedule 3 Descriptors or, if you did not, should you have been placed into The SG under The Exceptional Circumstances Rules by fulfiing : ESA Reg 35 for entry to The SG. (LCWRA)

They cannot take any other factors into account.

Hopefully, you will regain contact with your Rep in the very near future !

Please try not to worry, even though I know that is easier said than done, and please keep us updated !

bro58

Thank you! But I am afraid my heart is in my boots.

Hi there, posting to let you know that I won my 2nd 1st tier Tribunal yesterday! No benefit since June 2014. The Judge awarded me 46 points and the first tribunal I think awarded me 9!! They put me in the WRAG under s.29, but now my 46 points mean I am now in the Support Group for a recommended 2 years without any need for 29 or 35. So I am posting to let everyone know not to give up in this horrible process, and to try to get legal assistance if possible. I was lucky enough to have the help of the Kent Law Centre. Please make sure you read the guidance notes on this site and good luck to everyone who is going through the same as I have been for the last 3 years.