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When a person appeals an ESA LCW decision they are entitled to be paid ESA at the assessment rate. They will normally remain on assessment phase ESA until the appeal is heard, any appropriate premiums included, e.g. EDP, SDP etc.
At the appeal the tribunal may address either the LCW question, i.e. do they get their 15 plus points and leave the LCWRA question to the DWP or the tribunal may address both questions. If they address both and the service user gets the points then the decision maker will make a new decision and the service user will move from the assessment phase into the main phase of ESA. If the tribunal only addresses the LCW question the decision maker needs to make a decision on the LCWRA test, which decides the group the claimant goes into before going into the main phase of ESA.
In either case the date of the movement into the main phase will be the beginning of the 14th week following the beginning of the assessment phase.
When the service user moves into the main phase they will, in addition to any premiums also be entitled either to the work related activities component or the support component.
Of course, as with incapacity benefit there is nothing to stop the decision maker looking again at the LCW and the LCWRA tests.
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