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

CB ESA whilst waiting for appeal

 

AnnieG22
forum member

Redcar and Cleveland Borough Council

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Total Posts: 2

Joined: 3 December 2018

Hi,

I am looking for some advice regarding the payment of ESA whilst waiting for tribunal hearing.
My client made her first claim for ESA in October 17. She was assessed at a medical in September 18 and scored nil points. She requested MR and the decision was not changed. She has appealed to the tribunal and the appeal has been accepted.
She called DWP asking for payment to be reinstated however has been advised that payments cannot be made because she has been paid 365 days.
Is this correct? or is she effectively still in the ‘assessment period’ until the tribunal makes a decision in which case ESA can still be paid?

Any help would be appreciated as I cannot find any information that specifically related top CB ESA payments whilst on appeal after the 365 days.

Many Thanks

     
John Birks
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Welfare Rights and Debt Advice, Stockport Council

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Total Posts: 1037

Joined: 16 June 2010

The time limiting applies unless.

As they’re not in the SG the payments cannot be made

     
Helen Rogers
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Welfare Rights Officer, Stockport MBC

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Total Posts: 100

Joined: 17 June 2010

Unless she can be paid income-based ESA?