× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA-C whilst appealing

CDV Adviser
forum member

Nestor Financial Group Ltd

Send message

Total Posts: 493

Joined: 20 January 2016

I’m having a senior moment and need some clarification. Client failed WCA. Currently appealing. No entitlement to IR-ESA but was receiving ESA-C. Am I right that he is not entitled to ESA-C at any rate until the appeal is heard?

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3537

Joined: 14 March 2014

Hi Phil - he should be able to be paid cESA pending appeal provided it is the first time he has failed the WCA,or the first time since a previous decision that he passed, or, if it is a second failed WCA, then his condition has worsened or he has a new health condition - reg 30 of the ESA Regs

CDV Adviser
forum member

Nestor Financial Group Ltd

Send message

Total Posts: 493

Joined: 20 January 2016

Thanks Daphne, very much appreciated.

Elliot Kent
forum member

Shelter

Send message

Total Posts: 3117

Joined: 14 July 2014

Just to add to that - the 365 day limit will still apply. So that will probably mean the cESA runs out before the appeal is decided.