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7 years 1 month ago #184766 by Pixie
after winning appeal! was created by Pixie
Hi all.

I have been looking into what happens if you win an ESA appeal and am slightly concerned at what I have found. I have read that some people have won an ESA appeal only to then find out that they cant go back on ESA because they claimed JSA whilst waiting... please confirm if this is allowed?? Surely not, especially as most are forced to claim this as they will have no income!!

Also if you win, does your JSA automatically change over to ESA?? And do you have to apply for the disability premium to be added or is that automatic??

Any advice very much appreciated :ohmy:

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7 years 1 month ago #184781 by Gordon
Replied by Gordon on topic after winning appeal!

Pixie wrote: Hi all.

I have been looking into what happens if you win an ESA appeal and am slightly concerned at what I have found. I have read that some people have won an ESA appeal only to then find out that they cant go back on ESA because they claimed JSA whilst waiting... please confirm if this is allowed?? Surely not, especially as most are forced to claim this as they will have no income!!

Also if you win, does your JSA automatically change over to ESA?? And do you have to apply for the disability premium to be added or is that automatic??

Any advice very much appreciated :ohmy:


I don't know where you have heard this but it is wrong, the only thing that claiming JSA will do is reduce any back payments as the JSA payments will be taken as substituting for ESA income that would have been paid.

You may need to formally close the JSA claim but that can be done with a phone call.

The Disability Premium is not payable with ESA, the WRAG or Support Group component are equivalent to this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 1 month ago #184820 by Bill24chev
Replied by Bill24chev on topic after winning appeal!
In a UC full service area the option of claiming JSA up to Mandatory Reconsideration failiure and then returningtop ESA and lodging an appeal is not possible if the ESA was Income related/
Making a claim in a FullService Universal credit area you can only claim UC instesd of JSA and ESA (IR). So if you make claim it will be fore UC which will aslo have consequrmces for Tax Credits and housing Benefit.
In this case, if appeal successful the rules for a claiment with a WRAG or Support Group decision will be implemented in a UC award.

If Contributory ESA is involved on its own I.E. with no esa (IR) top up and no UC as been claimed you can have ESA reinstated..

bill

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7 years 1 month ago #184934 by Pixie
Replied by Pixie on topic after winning appeal!
Thank you, I read it online somewhere but glad to hear its not true..many thanks

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