ESA entitlement pending appeal

Hello,

I hope I won't get into trouble for asking this. I have read the link (provided on b&w) that people waiting for their appeal for ESA will continue to receive ESA at the assessment rate.

However I wondered if there have been recent changes to this which would mean anyone found fit to work by Atos would no longer receive even assessment rate ESA whilst in the appeal process. I think it was Dame Carol Black who recommended the change.

I just wondered if anyone knows if the law has been changed to reflect this?

Thanks for any help.

Jimmy

There are two aspects to this.

First, a claimant receiving Contribution Based ESA who is in the WRAG and has been for more than 365 days will have their ESA(CB) time limited, if they are not also eligible for Income Related ESA, the they will receive no further payments, even while appealing.

Secondly there is a proposal, still under consideration, which would result in claimants having to make a mandatory Reconsideration before being allowed to appeal, for those found Fit for Work, this would mean that they would receive no payments while this Reconsideration process was being carried out. The ESA Assessment rate is only payable when an appeal has been lodged, the suggestion is that they claim JSA instead.

Gordon