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ESA - Appeal Tribunal

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8 years 7 months ago #173503 by Yorkyboy
ESA - Appeal Tribunal was created by Yorkyboy
Just a quick question,
Do the DWP take any notice of recommendations the tribunal make ?
What I'm specifically refering to is that they recommended that the Department does not reassess ' X ' within 24 months from today's date.
Does that mean they won't not reassess till autumn 2018 ?.

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8 years 7 months ago #173550 by Gordon
Replied by Gordon on topic ESA - Appeal Tribunal

seahawk wrote: Just a quick question,
Do the DWP take any notice of recommendations the tribunal make ?
What I'm specifically refering to is that they recommended that the Department does not reassess ' X ' within 24 months from today's date.
Does that mean they won't not reassess till autumn 2018 ?.


I'm afraid it's a multi part answer.

In simple terms yes they should, although they may take into account the time between the Decision appealed and the hearing, this is more of a problem for recommendations of three years than two.

DWP guidance says that they should not reassess a claimant who's award is the result of a appeal for a minimum of eight months.

It's a recommendation and not binding in any way on the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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