ESA - the “old rules” on appealing

Hi all,

I’m dealing with some appeals that are still under the old rules for appealing ESA, when Reg 6 still existed and there was no Reg 147A. There’s something I’ve got myself confused about about although I know it was discussed here at the time!

If client fails WCA and appeals, the assessment phase is extended under Reg 6 until the appeal is determined. If the client wins appeal, how does the client get either the work related component or support component backdated to date of original disallowance rather than date of tribunal decision. I’ve been told that’s what happens, but with Reg 6 extending the assessment phase and a condition of entitlement to either component is that the assessment phase is over, I’m just not sure of the legal basis for it.

Also, was it any different if the “claim” under Reg 3(j) of the C&P Regs is treated as starting a new assessment phase?

If anyone can direct to me a previous thread on this or give me the answer themselves, I’d be very grateful.

The mechanism is reg (7)(38) of the D&A Regs.  The answer to your second question is no.