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Basic rate of ESA payable on appeal
I have limited info at the moment because I havent seen my client yet. But I understand that she failed to attend WCA because of difficulties going out and was taken off ESA. She has appealed this and DWP have acknowledged appeal but are not paying the basic rate. Is this correct? I know she would get basic rate if she appealed result of WCA but not sure about this one.
Thanks for any help
I think the problem is that your client’s appeal is not against a decision that she does not have a limited capability for work arising from a WCA, but that she has been disallowed ESA because of failure to attend a medical examination as required. It is only in the former case that ESA continues to be paid at the basic rate whilst the appeal is ongoing.