ESA- contribution or income based during appeal & permitted work query

Hello,

These may be a obvious questions but it’s been a long week!

If someone puts in an appeal against an ESA decision and they have both paid enough NI contributions and would pass the means test- what is the amount they are paid during the appeal period classed as? This will make a big difference to our client in terms of free prescriptions.

Also, during this appeal period, is someone still able to do ‘permitted work’? If so will this go against them at appeal? The client in question has been signed off by her GP until October, she thinks she should be in the WRAG and would welcome the support it gives, she is aware the appeal process could take months and take her past October and would like to think about some work so that she doesn’t find herself too far removed from the labour market when she is likely to be well enough to get back full time.

Thanks

:-)

Hi Rethink

Your client should be paid the same type of ESA as they were getting before they had the medical assessment . They will be paid at the assessment rate ESA £65.45 pw as a single person.

Entitlement to contrib ESA will over-ride entitlement to income-based ESA for the basic rate, but they might be entitled to an income-based top up (eg for premiums or housing costs).

In respect of permitted work, I am not aware of any restrictions to this while the appeal is pending.However, if anyone else knows any different please let us know!

Tracey

Hi,
If your client would qualify for income related ESA then his/her income is sufficiently low enough to qualify for free prescriptions. If ESA contribution based is in payment then all they need to do is complete a HC1 - help with health costs form.
Chaos