Employment and Support Allowance (ESA)
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Entitlement to Assessment rate ESA during leave to appeal to a tribunal

What is the law/rules regarding ESA paid at the assessment rate whilst waiting for a tribunal hearing ?
In Nov 15 i claim ESA paid assessment rate up till WCA  result was FFW (FOUND FIT FOR WORK) MR decision not changed , paid ESA assement rate until tribunal appeal unsuccessful July2016 Re claim for ESA  with significant worsening  and a new condition [email protected] assessment rate in payment  should i again  Fail @ WCA and MR should i be entitled to payment of ESA at assessment rate until  tribunal appeal hearing ? As there is apparently some rule  about failing the WCA twice in a row, not sure if in my xcircunstance this would apply or not,
can someone please give me a defininive answer , thanks for reading  ?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited September 2017
    No you will not be paid assessment rate during your appeal. This is because you were FFW previously. If you had been put into a group previously then you would have been paid assessment rate but because you weren't you can not be paid this rate more than once. Hope this helps.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • tommtomm Member Posts: 231 Pioneering
    edited September 2017
    So It's a once in your life time  payment, so matter what health conditions you may siffer in the future ? What a dumb idea how unfair when you consider that  many wont be able to jump through the JSA hoops of avoid sanctions 

    https://www.turn2us.org.uk/Benefit-guides/Employment-and-Support-Allowance/Repeat-Claims-of-Employment-and-Support-Allowance#guide-content
    Suggests that esa is payable for new conditions  even after a failed WCA ??

    On or after 30 March 2015 if you are appealing against a decision that you have failed  the Work Capability Assessment(WCA), then depending  on the facts, you can still be treated as having limited capability for work and so be entitled to ESA whilst appealing in the following situations;

    • if the WCA failure that you are appealing against is the first such failure (or the first since a previous decision that you passed the WCA),

    • where the WCA failure that you are appealing is the second or subsequent WCA failure and your condition has got significantly worse or you have a new health condition.

    If you are appealing an ESA decision made before 30 March 2015 you can still get ESA whilst appealing, even if you had a second or subsequent WCA failure.


  • tommtomm Member Posts: 231 Pioneering
    Why can i not add a missed word or correct spelling ?
  • tommtomm Member Posts: 231 Pioneering

    Getting ESA whilst appealing

    On or after 30 March 2015 if you are appealing against a decision that you have failed  the Work Capability Assessment(WCA), then depending  on the facts, you can still be treated as having limited capability for work and so be entitled to ESA whilst appealing in the following situations;

    • if the WCA failure that you are appealing against is the first such failure (or the first since a previous decision that you passed the WCA),

    • where the WCA failure that you are appealing is the second or subsequent WCA failure and your condition has got significantly worse or you have a new health condition.

    If you are appealing an ESA decision made before 30 March 2015 you can still get ESA whilst appealing, even if you had a second or subsequent WCA failure.

    Suggests different  hence why i asked here

    https://www.turn2us.org.uk/Benefit-guides/Employment-and-Support-Allowance/Repeat-Claims-of-Employment-and-Support-Allowance#guide-content


    Otherwise they are saying that a person can only be entitled to ESA assessment rate whilst appealing once in their lifetime regardless of what health issues they  end upo facing  even if the DWP has accepted they have a valid claim and paid assessment rate , because they have a completely new condition   therefore  a second WCA  should not link in any way to the first  in this scenario



    Read more at https://community.scope.org.uk/discussion/36325/entitlement-to-assessment-rate-esa-during-leave-to-appeal-to-a-tribunal#ROqrkZ6St7mZaTHi.99

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @ tomm,
    I'm not sure why you keep posting the same thing multpile times...
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • tommtomm Member Posts: 231 Pioneering
    Because after trying to edit the original post i made,(needed to add a missing word to a sentence) the whole post disapeared and  the forum reported it wasn't able to find it  or similar message, So re posted it, on the other section, thinking  the now invisable text wouldn't re appear
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @tomm,

    Sorry to hear you've been having technical issues. I've now removed the two duplicate posts so hopefully you'll just be able to see the one correct version on the thread now!
  • tommtomm Member Posts: 231 Pioneering
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