CM v Secretary of State for Work and Pensions (ESA): [2019] UKUT 284 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 6 September 2019.
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Judicial Summary
Regulation 30 of ESA Regs – claiming ESA again after decision on initial claim that no LCW – FtT finding that new medical condition since last decision that no LCW, on appeal against SofS’s decision that no new medical condition and which had also gone on to determine that no LCW on second claim – powers of FtT - whether FtT on appeal can decide to treat as having LCW under regulation 30, because of new medical condition (per reg 30(4)(a)), even though SofS has determined that clmt does not in fact have LCW – effect of (the underlined) words “to be treated as having limited capability for work until such time as it is determined whether or not the claimant has limited capability for work” in reg 30(1) ESA Regs - whether EI v SSWP (ESA) [2016] UKUT 397 (AAC) wrongly decided on these points.
Decision selected for reporting as [2020] AACR 8