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Change of Circumstances during an ESA Appeal
Hi,
I was wondering whether someone could check my understanding here
I was reading this guidance for decision makers document from the DWP about “ESA award made pending appeal”
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/661832/admu7.pdf
In section U7121 “change of circumstances”, it seems to say that if a person has a change of circumstances during the appeal process, they will be referred for a new WCA, and that if as a result of this they are deemed as having LCW they then do not have to continue with the appeal from their first claim.
- Is this right?
- Would this mean they would be entitled to the backdated payment for the period when they were going through MR?
- If following this new WCA they are again deemed not to have LCW, they would then continue the first appeal as normal? Or would they have to do a new MR for this decision and then a new appeal?
Thanks,
Anna
I cannot see anywhere that the appeal won’t continue? In fact, the last sentence in U7122 actually implies the appeal does continue.
See U7156 about your last point.
I’ve been in this situation before and the appeal continues plus a new application is made. I can’t see any reason why the DWP would backdate an award to the first date of a period under appeal due to a change of circumstances which probably happened after the date of the original decision. Unfortunately if the 2nd claim is also refused that’s another appeal as the 1st one would then be for a fixed period up until the date of the 2nd claim.