Can a client switch from JSA to ESA whilst appealing a ESA decision?

Hi

I have a client who had his ESA removed about seven months ago.  He did not appeal at the time (because he did not know he had the option) and claimed JSA.  If we submit a late appeal, can the client start claiming ESA whilst he is waiting for the appeal to take place?

Thanks

Yes.  See para 40 onwards of Memo DMG 33/10 - http://www.dwp.gov.uk/docs/m-33-10.pdf

Also note that reg 6 was removed from the ESA regs by SI 840/2010 from 28/06/10

hkrishna - 01 March 2011 10:15 AM

Also note that reg 6 was removed from the ESA regs by SI 840/2010 from 28/06/10

What are the consequences of regulation 6 being removed?

Sorry, should have clarified that while SI 840/2010 removed reg 6 it added what is affectively a replacement in reg 147A in an attempt to deal with situations where there is a change of circumstances while appealing, ie going into hospital, a worse condition or a new condition, and therefore a second WCA is carried out.  Basically, if someone fails the second WCA it is ignored until the appeal is heard and so they keep getting assessment phase ESA, if they pass then a component is added if appropriate.  Why reg 6 couldn’t just have been rewritten, I don’t know? - read reg 147A to decide whether clarity has now been achieved regarding end of the assessment phase when an appeal is pending.