researching caselaws

petrocelli wrote: Hi guys

Inbetween completion of process and next one, (as we never REALLY know when that will be), is there much point in trawling through possible useful CASELAWS?

My hesitation is based on the fact that Gov't keep moving goalposts and changing Reg's!!!

Many thanks

P.

It is always worth keeping an eye on the Case Law being produced for the benefits you claim, however, it is important to understand the relevance of these Decisions and what the actual Decision involves.

Certainly the latest changes to the ESA Descriptors and Regulations unravel 3 or four previous Upper Tribunal Decisions, so these no longer apply to Decisions made after 28 January and where the new ESA50 was used.

There can also be multiple Decisions in one area of the benefit, this is not really the case for ESA, but the DLA Cooking test is a good or perhaps bad example, where Case Law actually confuses the matter rather than clarifying it.

As always, I would urge caution when referring to Case Law, if you do not know what you are doing their usage could actually disadvantage you rather than help.

Gordon