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

ESA refused on R2R -payment while appeal is pending?

Pete C
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Pete at CAB

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Total Posts: 556

Joined: 18 June 2010

Just got this case so not many details yet. Looks like appellant is an EEA national who has claimed ESA and been refused on some sort of immigration condition rather than the LCW assessment. It doesn’t seem likely it is habitual residence as he has been in the UK for many years so I imagine it is R2R.

If he appeal the ESA decision is he entitled to ESA at the assessment rate while the appeal is pending? Reg 147 A seems only to mention appeals against a LCW decision, and nothing else. Logically he ought to be paid as there would be no difference in the ESA or JSA amounts he would be paid - as an EU citizen he would automatically get R2R as a jobseeker- but I am not confident that he can actually be paid pending appeal.

Thanks, and apologies if I have missed somthing obvious!