R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Justice Charles, Judge Wikeley and Judge Wright on 3 August 2017.

Read the full decision in CE/766/2016.

Judicial Summary

Mandatory reconsideration - Late request for reconsideration of decision refusing entitlement to ESA - Whether appellant has right of appeal to FTT where Secretary of State refuses to extend time to admit late application for reconsideration or whether appellant’s only remedy is an application for judicial review - Access to justice - R v SSHD ex p Saleem considered.

Published 4 August 2017