ESA while waiting for JSA Appeal.

My daughter has just appealed against the Incapacity Benefit Reassessment and been told the tribunal could be up to 14 weeks away. CAB and the Job Centre have told her to claim JSA as it is the only benefit she can claim. But surely this is what she is appealing against, her fitness to work. At the moment she is only getting her DLA care component., she has a Motability car. Someone has now told me that she should be able to get ESA at the assessment rate. All very confusing - can anyone help please. (My daughter lives entirely independently but is very dyslexic - hence Mum is doing this!)

Hi Diana 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 are two separate issues involved here. I will answer your query re tribunal and then explain the situation regarding Mandatory Reconsiderations.

Appeals
Once an appeal has been accepted by the Tribunal Service, and the DWP have received notification of this, the claimant can ask to receive ESA assessment rate again. This must be supported by GP 'fitnotes' and can be paid from the date after the claim was refused if the claimant has not been getting JSA (if the fitnotes are also from this date).

Mandatory Reconsiderations and until the appeal is accepted
If the claimant needs money to live on, they have no alternative other than to claim JSA. They can do this as they have officially been found 'Fit to Work' by DWP. This will not jeopardise the appeal as the panel will be aware that this is how the system works.

Once the JSA claim has been accepted the claimant can produce a fitnote for up to 13 weeks and should be excused all jobseeking activities during this time.

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 daughter's ESA appeal without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too

Hi I'm also in the same boat and have been applying for jsa. I've produced a fit note and now only have to look for jobs twice a week. I've sent my esa appeal where I asked to be put onto the esa assessment rate. I received a letter from hmcts saying my case has been forwarded to the appropriate tribunal and they are now waiting for the dwp to present their case.

I just wanted to know how will I find out I'm being awarded esa assessment rate, my fit note ends at end of august so will need a new one. But how do I know who to give it to? Job centre or the tribunal centre? Any clarification will be really appreciated.

HI Ali,

Your appeal request will have gone to the Tribunal Service. You need to contact DWP re payment. Keep sending your fitnote to DWP, without them you won't get paid.

Thank you for this information, think I need to do a bit more reading and try to understand what to me is a very complicated situation! I am sure I will be getting back to you.

Thank you for that. I was wondering should I wait till my fit note finishes before getting a new one ( I gave a fit note to the jc+ which the dwp must know about)
And in the future should I wait before the previous one finishes before getting another or get a new one and send it off to dwp? Thanks for help.