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TOPIC: TESA tribunal deferring final decision to DWP

TESA tribunal deferring final decision to DWP 1 week 6 days ago #239918

My brother suffers from Chronic Cluster Headaches and has been in the ESA Support group for years. A medical earlier this year found him fit for work, but he appealed the decision and the tribunal found in his favour; The tribunal letter stated that he has limited capacity for work, but insufficient points were scored however if he were found capable of work it would result in substantial risk of deterioration of his condition. The tribunal deferred the final decision to the Secretary of State.

The DWP decided he had limited capacity for work but did NOT put him in the Support group so early next year his entitlement to ESA will cease.

There does not seem to be any further appeal and so it seems he has no option but to report to DWP and apply for employment, even though it will probably make his condition worse,

Does this happen often? Does anyone have experience of this or any suggestions?

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TESA tribunal deferring final decision to DWP 1 week 6 days ago #239930

I

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Has he checked whether he would be entitled to Income Related ESA, if he is then his ESA will continue in payment at the end of the year.

ESA(IR) is dependant on his household income, his savings and assets, and any hours that a partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

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

TESA tribunal deferring final decision to DWP 1 week 6 days ago #239932

His wife works, so if he moves from contribution based benefit he will be entitled to very little money. While this is concerning his principal concern is that the requirement to be available for work will have an adverse effect on his condition. If this happens can he reapply for ESA?

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TESA tribunal deferring final decision to DWP 1 week 6 days ago #239933

Scamp

Although his ESA(CB) payments will stop, he retains his Limited Capability for Work so he will not be asked to seek work. If he is eligible to any ESA(IR) then he may be asked to prepare for work but that is all. If he not eligible for the ESA(IR) then he won't even be asked to prepare for work.

I'm afraid he cannot make a new claim for ESA(CB) if he has been on ESA for some time as he will not have the National Insurance Contributions required.

Gordon

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TESA tribunal deferring final decision to DWP 1 week 5 days ago #239943

That is reassuring, that he will not be forced to apply for work. But it means the family income (not great right now) will drop alarmingly. Because his wife works as a nursery nurse it is unlikely that he will be eligible for much benefit when hie ESA stops. He has recently applied for and been granted PIP but that is less than half.
Any suggestions?

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TESA tribunal deferring final decision to DWP 1 week 5 days ago #239972

scamp

They can try putting their information into one of the online benefit calculators.

www.gov.uk/benefits-calculators

Gordon

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