ESA Contribution based pending appeal

Hi,

If a client has been on ESA contribution based for over a year (an IB conversion case) and is awaiting an appeal based on failing the DWP medical (0 points) can they claim Income based ESA when the benefit stops due to the 1 year rule as long as they meet the conditions for income based?

Thank you

I am assuming they have been on ESA contribution-based 12 mths following the conversion decision.
Where ESA contribution-based terminates after 12 mths time limit, and the client is also entitled to ESA (income related), then the DWP should reassess entitlement from the date that ESA contribution-based ends.  This includes pending appeal awards.  This is the gist of DMG memo 13/12, paragraph 20.  Here is the link:  http://www.rightsnet.org.uk/?ACT=39&fid=3&aid=355_NpslESG0IVxnm74jFiAD&board_id=1
Taking nothing for granted you/ the client should contact DWP requesting they do reassess.