We have a client who has appealed against decision not entitled to ESA and was receiving basic ESA while appealing. However, lost at tribunal and we have now requested Statement of Reasons with hope of taking to Upper Tribunal. We are trying to establish whether she can continue on basic ESA once we have put in request for leave to appeal.
It used to be the case that those who previusly got reduced IS while appealing incapacity decision were able to get it until the Upper Tribunal decision was made. From what we are being told and from what we are reading it appears that with ESA the basic ESA entitlement stops when First Tier Tribunal decision made.

Any ideas?

Interesting - reg 6 says "until the determination of the case by a tribunal cnstituted under the 1998 Act" - when now it's the new rules on tribunals that apply. Anyone know if the ESA regs have been amended to reflect this?
And what if the upper tribunal simply sets aside and remits for rehearing, as per usual?