Pending appeal?

We have been Full Service in Aberdeen since 31/10. Looking for a little advice on this situation.

Client was found fit for work and has requested a mandatory reconsideration. 
During the MR stage she has applied for JSA. 
I have just received the MR notice dated 6/11/18 and now need to appeal. 
Now that we are full service for UC, can she switch back her claim to ESA pending appeal or would that be treated as a new UC claim?
She could always remain on JSA I guess but her 13 weeks EPS will be up and she’d then be expected to actively job-seek. 
If she stays on JSA and her appeal is successful I’m assuming she will be able to go back on ESA since date of ESA claim was before UC full service date on 31/10?

Many thanks

Should be the case: UC, PIP, JSA & ESA (Decisions and Appeals) Regulations 2013 No 381 Reg 16(3) - JSA decision can be revised if the ESA appeal is successful. Also in: The Social Security and Child Support (Decisions and Appeals) Regulations 1999 No991 Reg 3 (5H) & (5G) and DMG 51/10 (can’t find this guidance though!)

So long as the client has not made the claim for UC (i.e the client was directed to claim UC instead of JSA as they were in a full service area when they tried to claim JSA.)

Might need someone just to confirm this though as I’m just reading from CPAG reference from page 1020.

Reply from CPAG:

As long as your client made the claim for JSA before your area went full service, she can switch back to ESA pending appeal, as long as she supplies fit notes. It isn’t a new claim for ESA. If she doesn’t supply fit notes then she will stay on JSA.

How strong do you think her appeal is? If it isn’t too great, then it might be worthwhile her staying on JSA. Here’s why: if she goes back onto ESA pending appeal and then loses her appeal, she has to make a new claim for JSA after the appeal, therefore a new claim for UC. This might not be a bad thing, but if she has any disability benefits in payment that attract a premium then she will lose any disability premium paid to her on ESA/JSA. In fact, if she only is entitled to the disability premium, then she is better off on JSA than ESA pending appeal.

Of course if she wins her appeal then she will be put back onto ESA anyway, whether or not she received it pending appeal.