which type of ESA is paid pending an appeal?

Client currently gets cbESA assessment phase, failed medical, appeal made today.

Will he continue to be paid cbESA pending appeal?

A nice simple one to which I cannot find an answer in black and white; I suspect he will but would like a general consensus.

Thank you : )

Thank you : )

I’ve been trying to look for the answer to this question to no avail. Do you know whether they should still get CB ESA (assessment rate) on appeal even if partner is working?

Thanks

Hi Nianne; if they were getting CESA before the assessment they will get CESA while the appeal is pending.

The ESA scheme works differently from the old IB regime in this respect; under the old regime once found fit for work IS was paid contingent on the appeal and medical certificates… there was no question of acontinuin status under the Incvapacity for Work scheme, it was solely a question of IS entitlement.

Under ESA, having provided med certs and an appeal a claimant is treated as having limited capability for work and that deemed status facilitates payment of ESA; whether contributory or income related.