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.
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Judicial Summary
Employment and Support Allowance鈥攁ttending medical examination鈥攔egulation 23(2) of the Employment and Support Allowance Regulations 2008鈥攎eaning of 鈥渇ails 鈥� to attend鈥濃�攚hether 鈥渇ailure鈥� can occur in the absence of a legal obligation to attend. Employment and Support Allowance鈥攁ttending medical examination鈥攔egulation 23(2) of the Employment and Support Allowance Regulations 2008鈥斺�渇ails 鈥� to attend鈥濃�攚hether the standard Medical Services appointment letter imposes a legal obligation to attend. Tribunal procedure and practice (including Upper Tribunal)鈥攅vidence鈥攚hether 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.