Have I actually won my ESA tribunal?

westy2112

Hi
I was taken off esa in march and after an agonising 7 month wait, the tribunal took 10 minutes to set aside the decision. However, it says on the decision notice "The matter is now remitted to the secretary of state to make a final decision upon entitlement to esa".
Im a bit confused by this - can anyone shed some light please? 

Geoark

Hello @westy2112 and welcome to the community.

I have looked this up and it seems the tribunal only decides if the individual meets the requirement for ESA, it is then up to the DWP to decide on other issues for example: 

Whether he meets the income/contribution conditons
What his weekly entitlement should be and whether any premiums apply
Whether he satisfies the habitual residence test
When the assessment phase ends from
What arrears are due to him and whether any offet needs to be applied
etc etc.

Source: https://www.rightsnet.org.uk/forums/viewthread/11914/

So it sounds like you have won, it is now down to the DWP to sort out the details.

@BenefitsTrainingCo can you please confirm the above is right, or anything else that @westy2112 needs to be aware off?

westy2112

Thanks for the answer. If it helps I have been on esa (or equivalent) for the past 10 years and at time of earlier decision was receiving about £102 per week. I had no idea the money that has been deducted could be repaid. If my experience can be of any help to others please let me know. Im new to site and navigating as best I can at the mo

Geoark

Hi @westy2112,

It can take a while to get used to the community as it is large. If you scroll to the bottom you will see a list of all our discussion groups separated into different categories.

Don't worry too much about posting in the wrong place though, staff can move your post to a more appropriate group if they feel it will help you to get a better response.

westy2112

Thankyou