ESA PAYMENTS WHILST APPEAL TO A TRIBUNAL

cakey3747
cakey3747 Online Community Member Posts: 2 Listener
in PIP, DLA, ADP & AA
Hello, I've recently sent in a returns form for a reconsideration which has gone to a tribunal for my ESA appeal. I am or will I receive ESA payments from the DWP whilst on a appeal ? If so how long does it take before the ESA payments are restarted ? 

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  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing

    Hi @cakey3747

    There is an important distinction to be made here between a reconsideration and an appeal - if it's a reconsideration request to the DWP there will be no ESA payable.

    If you have sent your appeal form (SSCS1) to the Tribunals Service, with a copy of the DWP Mandatory Reconsideration decision, then the ESA can be re-started as soon as the Tribunals Service have notified the DWP that the appeal has been logged - this normally takes around 2 weeks from when you send it. This doesn't happen automatically though.

    From 10-14 days after you sent the decision, you therefore need to start calling the DWP to see if they have received the notification from the Tribunals Service. Once they have, ask them to re-start the payments.

    I'm assuming this is a reconsideration in medical grounds by the way. If it's to do with late submission of forms, failing to attend, etc, then no ESA will be paid.

    Hope this helps!

    Kind regards,

    Mary

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