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esa reconsideration appeal

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7 years 9 months ago #178531 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi gordon ,would my appeal be judged based on the old rules ,seeing as my decision for esa was back in feb 16 ,the new laws didnt come into n.ireland until may 23rd 16

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7 years 9 months ago #178532 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: hi gordon ,would my appeal be judged based on the old rules ,seeing as my decision for esa was back in feb 16 ,the new laws didnt come into n.ireland until may 23rd 16


Your appeal has to be heard under the legislation that was in effect at the time that the Decision being appealed was made.

Gordon

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7 years 9 months ago #178536 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
gordon where can i find the legislation that was in effect for feb16

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7 years 9 months ago #178537 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen1234 wrote: gordon where can i find the legislation that was in effect for feb16


I've had a look at the available legislation for N. Ireland and I can't see that it is any different from what was in place foe the rest of the UK with the exception that it has it's own legislation, what changes do you think came into effect in 2016?

Gordon

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7 years 9 months ago #178546 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi did the descriptors or such like not change when the new policies came into practice here in may ,if not what exactly did the new policies bring in, i thought the new one made it harder to get esa, if so where abouts in the guides can i find what the descriptors where under the old rules

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7 years 9 months ago #178575 by Gordon
Replied by Gordon on topic esa reconsideration appeal
Helen

The legislation enacted in 2016 was to being Northern Ireland in line with the rest of the UK in regard to Universal Credit and PIP and it has no impact on existing ESA claimants. As far as I can see the assessment criteria have been in place since 2013 and have not been changed since then, so the current Claim guides are applicable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: helen1234

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