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ESA appeal complications
My client appealed an ESA decision that he does not have a limited capability for work back in July. At the beginning of September he moved into a hostel, DWP were informed the next day of the change of address. In relation to the appeal, the DWP did their internal review and did not change the decision so forwarded the appeal to Tribunal Service, however my client was not made aware of this, he received no correspondence from the DWP in relation to reviewing the decision and he never received the appeal papers, the Tribunal Service were given the clients old address so wrote to him there. He did not have a representative at the time, therefore without my clients knowledge his appeal was held and decision did not go in his favour. I have written to the Tribunal Service and requested a set aside on grounds of administrative error, in the meantime client has signed on for Job Seekers Allowance just to have an income and not because he is fit for work.
My query is that under IB/IS you used to be able to claim JSA will appealing but I believe that under ESA this is no longer the case so would the fact that he has signed on for JSA mean that the tribunal if he one his appeal would only be able to award him until the date he claimed JSA? If he makes a new application for ESA based on either a worsening or new condition, would he have to go through the assessment phase again?
This is the discussion for you!