It's probably been on here before but I can't find it. ESA appeal dismissed this week. We have now requested a set aside (we were only instructed this week)

Would ESA continue to be paid ?

Unfortunately the answer is no in my experience.

Entitlement ends when "the assessment phase in relation to that claimant ends when the appeal is determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998"

(From the reg 6 of the ESA regs 2008)

We tried to argue that this meant the final determination of the appeal but the DWP have made it clear that once the appeal is heard, the claim is finished.

However there may be scope to have the terminating decision revised once the set aside is granted.

David

Oh blimey, thanks David.

Client says it was heard without him knowing about it. I guessed this was because he'd asked for a paper hearing but he says he never returned the TAS1 so can't be - TS must have decided they could hear it without.

We'll have to wait for the set aside appliation to be decided.

If more than 6 months has passed since the original decision, they can make a new claim for the same ilness/disability.

I know Steve but there are no other conditions. I've told him he can sign on without it jeopardising his ESA appeal. However he's got a PI case ongoing (serious accident at work) and if he signs on it will give the other side ammunition that he's fit for work even though he isn't.

He's got his IIDB and DLA so he won't starve and we can just hope the judge soon makes a decision on the set asidement

I forgot to say Steve, it's within the six months