PPE v Secretary of State for Work and Pensions (ESA): [2020] UKUT 59 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 21 February 2020.
Read the full decision in .
Judicial Summary
Employment and Support Allowance—attending medical examination—regulation 23(2) of the Employment and Support Allowance Regulations 2008—meaning of “fails … to attend”—whether “failure” can occur in the absence of a legal obligation to attend. Employment and Support Allowance—attending medical examination—regulation 23(2) of the Employment and Support Allowance Regulations 2008—“fails … to attend”—whether the standard Medical Services appointment letter imposes a legal obligation to attend. Tribunal procedure and practice (including Upper Tribunal)—evidence—whether the First-tier Tribunal can properly dismiss an appeal against a decision treating a claimant as not having limited capability for work under regulation 23 of the Employment and Support Allowance Regulations 2008 without evidence of the terms of the appointment letter.