C-ESA 1 year limit and conversion appeals

Does anyone reckon that someone who is appealing against a refusal of ESA on conversion and gets contribution based ESA at assessment rate whilst waiting for the hearing will have their ESA limited to a year?

Most appeals seem to get heard within a year in this area but there is the occasional one that goes past a year and some are likely to straddle the 1 year limit. The new rules talk about “the maximum number of days for which his entitlement is established by reference to the same two tax years”. Would this also apply where someone is treated as passing the contribution conditions whilst appealing?

The new s 1A doesn’t apply to conversion cases at all, which are not based on the contribution conditions. That is what subsection 4 of s51 WRA is for and why that bit has come into force already whereas the rest of s 51 comes into force on 1st May. It give the SofS the power to make regs knocking up a modified version of s1A for conversion case. Presumably they are doing the regs now in time to coincide with bog standard ESA cases.