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ESA appeal is allowed

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Hi. Can somebody help explain what the following means? It relates to my mother appealing against a decision that she does not qualify for ESA.




The appeal is allowed


The decision of the Secretary of state issued on ****** is set aside.


Ms ****** has limited capability of work and work-related activity.


The appellant does not score sufficient points under Schedule 2 of the ESA Regulations but Regulation 29 applies.




None of the descriptors in Schedule 3 of the ESA Regulations is satisfied and Regulation 35 does not apply.

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That decision notice doesn't make sense to me. They have said she has limited capability and limited capability for work related activity. Someone with limited capability for work related activity would fall within the support group. But the facts they have stated and the regulations to which they have referred to in those facts would suggest she does not fall within the support group, so the letter is contradicting itself.


Either way, she definately satisfies limited capability for work under exceptional circumstances (this is what reg 29 is) therefore is entitled to ESA at, at least the WRAG rate. Whether she would fall within the support group I cannot answer because the letter says she does (limited capability for work related activity) but then goes on to say she does not. (unless she satisfies at least one of the descriptors in schedule 3 or regulation 35 is satisfied she would not fall within the support group).


She definately is entitled to ESA - you just need to seek clarification from the Appeals Tribunals Service what group it is she falls within because their letter is contradictory. They initially say she has limited capability for work related activity but then they say that she does not meet the requirements set down in law for being categorised within the support group. They have made a mistake on that letter specifically about the support group. You just need to find out what it is

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