Conversion awards pending appeal

Could someone who knows more about these things put me straight on 2 points?

1. If someone has an award of IS or IB/IS which is converted to ESA, fails the LCFWA and then appeals, do they keep their conversion rate (which will be higher due eg to IS inc DP or IB with IS top up due to SDP) pending the appeal?

2. I have a client who was on IS, had passed previous PCA ‘s so no med certs required - failed LCFWA and appealed. When I enquired into why he was not being paid pending the appeal I was told be needed to submit a med cert, though no-one at ESA had bothered telling him this - is this correct?

Thanks!

1. ESA without a component paid pending appeal (not the IS rate etc).

2. Yes needs to submit a medical ceritficate as well to meet Reg 30 ESA Regs as modified and thus get ESA pending his appeal.

He may want to use the conversion arguments etc here in the appeal:

http://www.cpag.org.uk/content/unnoticed-flaw-esa-conversion-decisions

M

Thanks Martin - so someone can keep a SDP previously paid with IS or on top of IB (and continue to have this paid on top of assessment phase rate ESA) ?

I am aware of your conversion argument - are people having success with this?

Cheers

Carlos

Yes, they keep the premiums (e.g. SDP); it is the ESA components that are not paid pending appeal..