Can you get a short term benefit advance whilst waiting for a payment of Employment and Support Allowance at the assessment rate because you are appea

Hi

I have a client who has appealed an Employment and Support Allowance decision by submitting a SSCS1.  However, he needs money immediately and cannot wait until the Employment and Support Allowance department get round to paying him at the assessment rate.  We telephoned the Employment and Support Allowance department today and were told that short term benefit advances can only be paid whilst awaiting money from a new claim.  Is this correct?

Thanks

Yes.  In fact a payment is specifically excluded in these circumstances by virtue of reg 4(2).

http://www.dwp.gov.uk/docs/a1-6563.pdf

Is it quite that simple?

Once the SSCS 1 is accepted ESA would become payable until the determination; payment is not contingent on the determination so it’s not pending.

“pending the determination of an appeal relating to
the benefit on account of which the payment would otherwise have been made.”

Payment will be made assuming a med 3 is in hand and the SSCS1 was in time.

I note a circular has gone round the NAWRA list today seeking test cases…

edit… kerching

Two different opinions, what should I do?

Tell him to apply.  What’s he got to lose.

Tony Bowman - 26 February 2014 01:20 PM

But if it is decided (and for that you’ll need either the actual decision paperwork or an award notice) then than the PoA could be made in advance of the first payment only, regardless of that fact that there’s an outstanding appeal.

Thanks for your help Tony.  By decision paperwork do you mean a letter saying that the client has been awarded ESA at the assessment rate whilst they are waiting for the appeal to take place?