ESA appeals

We have been informed by the DWP that if a client does not pass the WCA that as normal they are not entitled to ESA whilst asking for a Mandatory Reconsideration and are entitled only to JSA. They become entitled to ESA when the appeal is lodged.

We have been told today that clients are not entitled now to ESA until the appeal is heard and will remain on JSA throughout their MR and Appeal paperwork -

We have spoken to CPAG advice today - and they have confirmed that you do receive ESA once the appeal is lodged if this is the clients first appeal (rules in CPAG pages 1005 - 1006)

Can anyone please tell me who and what is right and what are the rules with chapter and verse - we do not seem to have received any updates to explain these new DWP rules?

HI Barbara and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

There has been no recent change to the rules. ESA is payable, at the basic rate, once the Tribunal Service have notified DWP that an appeal has been accepted. Fitnotes must be submitted to cover the dates for which the claimant wants to be paid.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too

you do not recieve esa at a reduced rate while your appeal is running,i applied for it,and was told"because you have been in the work related group for 12 months you are not entitled to it".

tony cummings wrote: you do not recieve esa at a reduced rate while your appeal is running,i applied for it,and was told"because you have been in the work related group for 12 months you are not entitled to it".

Good point Tony - if a claimant has received 365 days payment of Contributory ESA - while not in the Support Group - further payments will not be made unless entitled to income-related ESA or put in the Support Group at any time.