Employment and Support Allowance: Appeals

(asked on 24th September 2020) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, with reference to the High Court judgment in the case of Connor v SSWP, if she will take steps to ensure that people who have requested a mandatory reconsideration of her Department’s decision to refuse their claim for employment and support allowance (ESA) are paid the assessment rate of ESA while they await the outcome of that mandatory reconsideration.


Answered by
Justin Tomlinson Portrait
Justin Tomlinson
This question was answered on 30th September 2020

The Department for Work and Pensions has not appealed against the High Court judgment in the case of Connor v Secretary of State for Work and Pensions, and is in the process of implementing the judgment. Claimants who are entitled to ESA payment pending appeal will no longer need to pursue a mandatory reconsideration before lodging an appeal at the First-tier Tribunal.

As with all such challenges against a departmental policy, the Secretary of State for Work and Pensions is the Respondent.

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