ESA-C whilst appealing
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?
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
Thanks Daphne, very much appreciated.
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.