ESA. Can I still claim during appeal period?

Hi Folks

I'm soon to be taken off Incapacity Benefit; the DWP have invited me to apply for ESA instead. Looking ahead to my brother's experience with his ESA application, am I right in thinking that a change to the rules means that if he appeals against the outcome-decision which he received two weeks ago (he did not qualify and has been invited to apply for Job Seekers Allowance instead), he cannot continue claiming ESA at a reduced rate whilst he awaits the outcome of his appeal? That he can either claim JSA or starve?

Kind Regards

leed46 wrote: Hi Folks

I'm soon to be taken off Incapacity Benefit; the DWP have invited me to apply for ESA instead. Looking ahead to my brother's experience with his ESA application, am I right in thinking that a change to the rules means that if he appeals against the outcome-decision which he received two weeks ago (he did not qualify and has been invited to apply for Job Seekers Allowance instead), he cannot continue claiming ESA at a reduced rate whilst he awaits the outcome of his appeal? That he can either claim JSA or starve?

Kind Regards

Hi l46,

If you are found fit for work, you can appeal the decision using the GL24 form which can be downloaded from the link on this page : How to submit an appeal

You would also have to obtain a MED 3 "fit note from your G.P. to cover you from the date that your IB ceased.

Once you have submitted your GL24 and the MED 3, you would be entitled to the assessment rate of ESA whilst the appeal was ongoing, this is not repayable no matter what the outcome is.

To improve your knowledge, I would advise you to read the following FAQ's :

IB, IS, SDA, Migration to ESA FAQ’s

ESA FAQ’s

Appeals FAQ’s

ESA Claims Guides

You will find the answers to many of your queries therein.

bro58

Leed, you are correct that there are going to be changes to the reconsideration/appeal process, but that has not yet come into force.

Mrs Hurtyback wrote: Leed, you are correct that there are going to be changes to the reconsideration/appeal process, but that has not yet come into force.

MHB is correct, changes are proposed wherein a claimant may have to have a reconsideration before they can submit an appeal.

We can only advise on how the law stands at present, and will obviously update our information to comply with any legislation that may come into force in the future.

bro58