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 		 			 	 						11 years 5 months ago				#120412 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    	 			 		 													
 	 				Replied by Gordon on topic IB to ESA, nil points and appealing			
  			 				Dizzy
 
If the subject had not been discussed in the hearing then I would say that you might have a chance, but as it was, you will likely be contesting a conclusion which is not normally classed as an Error of Law.
 
What is an Error of Law?
 
You would need to show that the conclusion is so unreasonable, that nobody reviewing the case would come to that conclusion, this may be possible but is certainly far from easy.
 
Appeals to the UTT are covered by Legal Aid so you may well find someone who is willing to act on your behalf,
 
Gordon
  							If the subject had not been discussed in the hearing then I would say that you might have a chance, but as it was, you will likely be contesting a conclusion which is not normally classed as an Error of Law.
What is an Error of Law?
You would need to show that the conclusion is so unreasonable, that nobody reviewing the case would come to that conclusion, this may be possible but is certainly far from easy.
Appeals to the UTT are covered by Legal Aid so you may well find someone who is willing to act on your behalf,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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 			 	 						11 years 5 months ago		 -  11 years 5 months ago		#120922 		by dizzy247 	  	 		 			 	   	 			 		 													
 	 				Replied by dizzy247 on topic IB to ESA, nil points and appealing			
  			 				I have now got another query that I would really appreciate your advice on.
 
Just a quick recap, I was placed in cont based wrag for 2 years last May.
 
A few weeks ago I received a letter advising that my benefit would finish shortly but I would continue to get NI credits, it also stated that if I wished to claim IR ESA I needed to contact them to make a claim. My partner is in full time employment so this is not an option.
 
Today I have received in the post a form ESA1 but the top of the form the part that reads Renewal claim form and how to claim has been crossed out and written in pen is Treat as ESA3.
I have not requested any claim forms and so I rang JCP to ask what this form was for and if I needed to complete it.
I was told that even if I do not wish to claim IR ESA I still need to fill it in and return it otherwise I will not be entitled to receive NI credits.
 
Is this correct? I did query it but the lady was adamant that I need to complete the form for my claim to continue albeit just NI credits.
I obviously don't want my claim to be closed because then there would be no review next year.
 
Thankyou
  					Just a quick recap, I was placed in cont based wrag for 2 years last May.
A few weeks ago I received a letter advising that my benefit would finish shortly but I would continue to get NI credits, it also stated that if I wished to claim IR ESA I needed to contact them to make a claim. My partner is in full time employment so this is not an option.
Today I have received in the post a form ESA1 but the top of the form the part that reads Renewal claim form and how to claim has been crossed out and written in pen is Treat as ESA3.
I have not requested any claim forms and so I rang JCP to ask what this form was for and if I needed to complete it.
I was told that even if I do not wish to claim IR ESA I still need to fill it in and return it otherwise I will not be entitled to receive NI credits.
Is this correct? I did query it but the lady was adamant that I need to complete the form for my claim to continue albeit just NI credits.
I obviously don't want my claim to be closed because then there would be no review next year.
Thankyou
 		Last edit: 11 years 5 months ago  by Gordon.			
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 			 	 						11 years 5 months ago				#120928 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    	 			 		 													
 	 				Replied by Gordon on topic IB to ESA, nil points and appealing			
  			 				Dizzy
 
It is always difficult giving advice in these circumstances as the DWP can play silly b**gers with your payments.
 
There is no specific requirement for you to complete an ESA3 or this modified ESA1 in order for you to continue to receive NI Credits, however, the DWP can suspend payments for a failure to provide information relevant to a claim!
 
I would contact the DWP again and ask to speak to a Customer Manager, this will normally require a call back which will not now happen before Monday, they should be able to give you a definitive statement on whether you need to complete the form.
 
Gordon
  							It is always difficult giving advice in these circumstances as the DWP can play silly b**gers with your payments.
There is no specific requirement for you to complete an ESA3 or this modified ESA1 in order for you to continue to receive NI Credits, however, the DWP can suspend payments for a failure to provide information relevant to a claim!
I would contact the DWP again and ask to speak to a Customer Manager, this will normally require a call back which will not now happen before Monday, they should be able to give you a definitive statement on whether you need to complete the form.
Gordon
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 			 	 						11 years 4 months ago				#121866 		by dizzy247 	  	 		 			 	    			 			 		 													
 	 				Replied by dizzy247 on topic IB to ESA, nil points and appealing			
  			 				I think I've finally got to admit defeat  . My application to appeal to the Upper Tribunal has been refused. Although I am very tempted to continue I'm now starting to feel " way out of my depth" and am unable to get representation.
 . My application to appeal to the Upper Tribunal has been refused. Although I am very tempted to continue I'm now starting to feel " way out of my depth" and am unable to get representation.
 
I have sorted out the prob with the ESA3 and you were correct in saying it wasn't necessary in my case ( more incorrect info by DWP) so I remain in WRAG. My review should be in May 2015 but I'm aware that because of the delays etc this will probably not be the case and I may well have to wait a lot longer.
 
I would like to thank all B&W mods, especially Gordon, for your help and advice.
 
Dizzy
  					 . My application to appeal to the Upper Tribunal has been refused. Although I am very tempted to continue I'm now starting to feel " way out of my depth" and am unable to get representation.
 . My application to appeal to the Upper Tribunal has been refused. Although I am very tempted to continue I'm now starting to feel " way out of my depth" and am unable to get representation.I have sorted out the prob with the ESA3 and you were correct in saying it wasn't necessary in my case ( more incorrect info by DWP) so I remain in WRAG. My review should be in May 2015 but I'm aware that because of the delays etc this will probably not be the case and I may well have to wait a lot longer.
I would like to thank all B&W mods, especially Gordon, for your help and advice.
Dizzy
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 			 	 						11 years 4 months ago				#121872 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic IB to ESA, nil points and appealing			
  			 				Dizzy
 
Sorry to hear that your further appeal has been turned down, you are right in thinking that pursuing this further will be difficult, it will be virtually impossible without proper representation and you will be moving out of the Tribunal system into the Courts.
 
One last thought, as this has been going on for some time, can you show a deterioration in your conditions? There will need to be clear evidence that it has occurred, but if you can then you can request a re-assessment on this basis and if successfully placed in the SG, then your ESA(CB) will be re-instated.
 
Gordon
  							Sorry to hear that your further appeal has been turned down, you are right in thinking that pursuing this further will be difficult, it will be virtually impossible without proper representation and you will be moving out of the Tribunal system into the Courts.
One last thought, as this has been going on for some time, can you show a deterioration in your conditions? There will need to be clear evidence that it has occurred, but if you can then you can request a re-assessment on this basis and if successfully placed in the SG, then your ESA(CB) will be re-instated.
Gordon
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