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

ESA-C whilst appealing

CDV Adviser
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Nestor Financial Group Ltd

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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
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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
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Nestor Financial Group Ltd

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Thanks Daphne, very much appreciated.

Elliot Kent
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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.