Benefit advice needed ?

Carol58

My question is when the Tribunal accept my ESA appeal will i be able to get my ESA reinstated at the assessment rate ( I have fit notes from the day my ESA stopped) or will i have to make a claim for UC instead ? . ( I live in a full live UC area which makes me wonder if i will have to claim this instead of going back on ESA)

Alice_Holt

Yes (in general terms), you can get ESA reinstated pending the hearing once you appeal is lodged and notified to the DWP. Ring the DWP a couple of weeks after receipt of the TS acknowledgement letter (to give the DWP time to record the appeal request), or go into the JC with your TS letter and ask them to scan and forward it. CPAG indicate this is automatic, but DWP will need a prompting phone call to restart ESA payments.

http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

"The appeal should be submitted directly to HM Courts and Tribunals Service (HMCTS) on form SSCS1 accompanied by the MR notice. There is no requirement to reclaim ESA pending an appeal, as there is automatic entitlement (but see below if JSA has been claimed), but the DWP is unlikely to restore ESA until it is notified by HMCTS that an appeal has been lodged. It may be worth claimants sending a copy of their appeal to the DWP, requesting restoration of ESA including arrears.
It is also important to ensure that the DWP has medical certificates (‘fit notes’) which are current and cover the period of the MR, as this is a condition of entitlement for payment of ESA during a dispute. If there are delays in getting ESA restored and the claimant is in financial hardship, s/he could request a short-term benefit advance."

Be aware that the DWP sometimes incorrectly tell claimants they cannot resume ESA, you may need to be persistent and get it referred to a DM.
The relevant ESA regs are 5(4) & 147A: ESA Regs 2013 6(5) & 87.

pmlindyloo

Are you receiving contribution based ESA or income based?

Did you apply for any benefits whilst waiting for your mandatory reconsideration?