Re-claiming ESA while awaiting a setting aside decision

I’m trying to get my head around this one and rather than trawl through the horrible ESA regs, I know someone on rightsnet will give me the answer pretty quickly!

Client got unsuccessful WCA decision in October 2012. Appealed and was receiving ESA pending appeal. He doesn’t attend the appeal (there’s some issue about whether it was a paper hearing or whether he received proper notice) but receives the decision to say appeal was disallowed. He’s applied for setting aside of the tribunal decision and we’re waiting for a decision on that.

The setting aside decision could take a few weeks and it may or may not be successful. He wants to know what to claim in the meantime. The question I’m unclear on is if he makes a new claim to ESA and gets paid the assessment phase rate pending a WCA decision, what happens if the tribunal decision is set aside. Is the pending appeal award put back in payment and how does that sit with the fact that he has a new claim in payment. If it’s not set aside, we’ll be looking at an appeal to the Commissioner and he’d be making a fresh claim to ESA at that stage anyway.

Any ideas?