Never heard of this before re ESA

My Brother in Law lives in South Wales. He was turned down for ESA when he was transferred from IB and they said he was fit for work. He appealed and he got turned down at appeal too.

He rung on my advice the ESA has his sick note was still live until February. They said they would continue to pay him until February at the rate of £71 something a week. They also said because his Doctor says he isn't fit to work to which he has proof that providing he continues to send sick notes in they will continue to pay him at the £71 something a week which I presume is still the assessment amount.

They have said he won't have to go through forms again either has long as he sends in the continuous sick notes.

New 1 on me. Anyone else heard of it and if so which part of the act does this come under?..

It is a way of keeping down the ESA bill too because they won't have to pay so much. I wondered if this had come about as people I know who have told to go on JSA have been told they can't as they aren't fit enough to work.

Any clues people and tia.

As far as I am aware, the only basis for continuing to pay someone ESA after failing the WCA is if they are appealing. Now that the appeal has been decided unfavourably, the ESA payments should stop forthwith. Even if a further appeal to the Upper Tribunal were allowed (due to an error in law) no payment would be made.

The DWP call centre staff are often poorly trained and have been known to give incorrect information. I think your BIL should ring again and ask for a call-back from a supervisor who should be able to throw some light on this subject, he should ask for confirmation in writing too. Do warn your BIL to keep any payments to one side, as they will be reclaimed if they have been paid in error.

Thank you I will do! I found it strange too