ESA Question

LadyMorticia

If someone is on Income Support on grounds of incapacity and is being transferred to ESA and has an ESA medical, but fails and appeals, do they receive the assessment rate or the amount they receive on Income Support because of transitional protection, whilst they wait for their appeal to be heard?

My friend is a little confused and I didn't know the answer so this was my first port of call.

DanielUK27

Im male, single over 25 and i have been getting exactly £54 a week on income support whilst pending appeal. However ive not moved to esa yet, my appeal was for IS on incapacity grounds.

Its exactly 80% of income support rate. No disability premium.

Cpt.Scarlet

LadyMorticia wrote: »

If someone is on Income Support on grounds of incapacity and is being transferred to ESA and has an ESA medical, but fails and appeals, do they receive the assessment rate or the amount they receive on Income Support because of transitional protection, whilst they wait for their appeal to be heard?

My friend is a little confused and I didn't know the answer so this was my first port of call.

Because they are receiving a Income Related benefit the minimum allowances will still be in effect, whether this would amount to the same amount I can't say. They will not be eligible for the Transitional Protection while they appeal, however, if they win, it will be re-instated along with any back payments they might be due.