Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> PPE v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - attending medical examination - evidence) [2020] UKUT 59 (AAC) (21 February 2020)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2020/59.html
Cite as: [2020] UKUT 59 (AAC)

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PPE v Secretary of State for Work and Pensions (ESA) (Employment and support allowance - attending medical examination - evidence) [2020] UKUT 59 (AAC) (21 February 2020)

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.

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