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ESA appeal payments in UC full service area

 

I Hart
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Advice service Manager, Disability Solutions, Stoke-on-Trent

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Joined: 18 June 2010

Can claimants who are appealing their ESA WCA decision go back onto ESA assessment rate payments while awaiting tribunal in a UC full service area if they made a JSA claim before UC came inor did not make a claim for anything else before submitting their appeal?
If you are appealing a contribution based ESA decsion, can you get assessment rate payments for up to 12 mths if appealing the WCA?

     
LJF
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Benefits Caseworker Manchester Citizens Advice Bureau

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Joined: 12 July 2010

basically yes

     
Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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You stop receiving ESA while asking for a mandatory reconsideration of your WCA decision.

Once your appeal is accepted by the Tribunal you can receive assessment rate ESA backdated to the date when it stopped. You will need to provide med certificates to receive the backdated ESA.

In a full service area you cannot claim JSA while waiting for the MR. If you do you find you have claimed UC.

If you do not claim JSA or UC you return to backdated assessment rate ESA