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Esa tribunal decision

My relative received a decision letter for esa tribunal appeal. She was moved from support group to wrag and appealed this.  The decision states: the decision made by the secretary of state on 31/10/2019 is set aside.
Regulation 35
Has limited capacity for work related activity. The matter is now remitted to the secretary of state to make a final decision upon entitlement to esa.  
No descriptor from schedule 3 of esa regulations 2008 was satisfied but regulation 35 of the esa regulations 2008 applied.
If the appellant were found capable of work or work related activity this would result in a substantial risk to her mental health. 

So from this we had expected her to move to support group but she recieved a letter from dwp saying she's in wrag and she will receive a payment of £962.20 for period between October and 2nd July. It doesn't state what this payment is for. 

The dwp letter is dated the day after the tribunal decision letter is dated.  

We don't know if dwp have made a mistake or if they made a decision she isn't aware of
But now we are panicking because she only has 3 days to appeal to upper tribunal. 

Need advice on the tribunal decision. What does it mean? 


  • janer1967
    janer1967 Member Posts: 12,359 Disability Gamechanger
    Hi and welcome to the community, Sorry I am not too sure on the answer to this and donty want to give incorrect information, however I will tag in other members who should be able to help

    @poppy123456and @mikehughescqcan you help with this one please
    I have professional experience in HR within public,  private, and charity sectors.  If I can't help I will
  • poppy123456
    poppy123456 Member Posts: 23,890 Disability Gamechanger
    Regulation 35 is indeed the Support Group. My advice is to double check the letter that was received from HMCTS and if it does state reg 35 then your friend will need to ring DWP to check that they have been placed into the Support Group.

    DWP can not change a decision made by the Tribunal.
  • Vic1990
    Vic1990 Member Posts: 20 Courageous
    What does it mean when it states the decision is remitted to secretary of state for final decision on esa? I've read the letter so many times. It definitely states that regulation 35 applys. Think I might have to make the call on her behalf as she can't deal with them on the phone. This is the 3rd time they changed her money, the first time she lost esa for 12 months before winning her appeal. Its not doing her mental health any good. 
  • poppy123456
    poppy123456 Member Posts: 23,890 Disability Gamechanger
    Secretary of state is DWP and it just means for them to agree and to put the award into payment. What date did she first claim ESA and was she receiving any payments while she was waiting for the Tribunal?
  • Vic1990
    Vic1990 Member Posts: 20 Courageous
    She first claimed esa in 2011,in 2016 she was assessed as fit for work, she appealed and won but it took 12 months during which time she relied on family and received esa payment during appeal. She's currently in receipt of wrag rate since October 2019.  The £962 might be backdated payment but I'm sure it would be slightly higher. She received the appeal decision about 10 days ago. I'm sure the dwp would of been notified by now. 
  • poppy123456
    poppy123456 Member Posts: 23,890 Disability Gamechanger
    The best thing she can do is ring DWP and they will tell her exactly what's going on. If you are not her appointee then she will have to ring and go through security and them tell them you'll be speaking on her behalf.
  • Vic1990
    Vic1990 Member Posts: 20 Courageous
    Thanks for advice, I phoned Esa up yesterday on my relatives behalf and they confirmed she had won her appeal and had been backdated. She was so relieved however she is now worrying about the next assessment which could take place anytime from October. 
  • poppy123456
    poppy123456 Member Posts: 23,890 Disability Gamechanger
    edited July 2020
    Sadly, that's the way it is with the work capability assessment, you never really know when the dreaded form will come through the letter box. I also claim ESA and i just put it to the back of my mind until the form arrives. If i didn't then i'd never sleep.


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