ESA whilst waiting for an appeal

Sorry if this is obvious but I am working from home today and don’t have a CPAG book handy.

Cl has been getting ESA since about 2011. They have failed the WCA twice but each time this was overturned on appeal and they think that they are likely to be turned down again
If they were turned down and went straight to appeal would they get ESA at the assessment rate?

Cit A’s guidance says that they could only do this if they had not failed a WCA before but my own thoughts are that the Tribunal decisions would nullify previous refusals.

Reg 30 of the ESA regs does not seem to set any sort of time limit and it appears that (notwithstanding the para above) the refusals are still ‘live’ unless we could show the cl has a new or significantly worsened existing illness

Yes, its the operative decisions which matter. The FtT has set aside the DWP’s previous refusals so they are of no ongoing relevance.