old style ESA pending appeal whilst getting a small amount of UC

Can you be paid old style contributory ESA pending appeal, never any entitlement to income-related ESA due to hours partner works but have claimed UC in the mean-time, assessment rate ESA is more than twice the UC being paid.

I believe so - but only ( for periods spent outside of the support group) for up to 365 days   - so if already had non SG 365 days worth of CBESA at date of appeal then will not be paid

The consensus in this thread is that it, in effect, becomes new-style ESA and therefore might be subject to things such as the claimant commitment

Thanks
Does anyone know how long it takes to get into payment - we have the added complication of wanting the esa pending appeal paid back to the decision and then withdraw the appeal because we then want to reclaim due to a new condition BUT break the 12 weeks linking rule before the next benefit year.  I am confusing myself counting dates!

Do you need to withdraw the appeal in order to reclaim due to a new condition?

The current appeal relates the the condition at the time of the assessment. It can still be decided even if you reclaim or do you expect to lose?

No it is not the new condition that is the problem, we need to break the 12 week linking rules, her partner works over 24 hours so there was never any possibility of income related esa, time limiting will kick in in November, we are in a different benefit year from the initial claim so we want contributory esa unlinked from the previous claim to allow another 365 days of payment.