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Thread: ESA rate during appeal after previously in Support Group

  1. #1

    ESA rate during appeal after previously in Support Group

    Hi all,

    I have read here that the rate of ESA that may be claimed whilst appealing a WCA decision is the ‘assessment rate’ – i.e. currently £73.10pw. However, I had previously been in the ‘Support Group’ receiving a higher rate of ESA (for about 3 years) until the recent reassessment (which I am appealing) found I was not unfit for work.

    If I were to claim ESA pending the appeal, would I be entitled to the higher rate for ‘Support Group’, or would it be the basic rate which is the same as JSA (in which case I may as well not bother as the JobCentrePlus are not hassling me to do too much at present beyond speculatively finding jobs I might apply for if I were fit for work)?

    TIA,
    Jake

  2. #2
    Correct:
    While Appealing a 'Fit for Work' Decision you are only entitled to claim 'assessment rate' ESA - and then only after your application (form SSCS1) has been accepted by the Tribunal Service.

    While claiming JSA you may also qualify for the 'Disability Premium' if you receive DLA/PIP, this is something well worth checking out as you can't receive this if claiming the ESA assessment rate.

    Best of luck with the Appeal.

    NB:
    Forgot to mention, you can also submit a 'Fit Note' to JC+ for up to 13 weeks if your 'Job Seekers Commitment' should become too much for you to manage.
    Last edited by Jard; 07-05-2017 at 07:29 AM.

  3. #3
    Senior Member nukecad's Avatar
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    Good advice from Jard,

    Whilst making a new claim for ESA, or during an appeal to the tribunal, the law says that you can be treated as having 'Limited Capability for Work'.

    The 'during an appeal' bit applies to all appeals; no matter if you were in SG before you can only be treated as LCW (without a group component) during an appeal.

    So you are correct,
    You could switch back to ESA whilst waiting for your appeal to be heard but this would only be paid at the assessment rate (the Personal Allowance), which is the same payment as JSA.
    If you win at appeal then any group component will be backpaid for the period that you are on only JSA or ESA assessment rate.

    It's your choice, but if you are happy enough on JSA for now then why go through the hassle of changing?

    PS.
    There are also a lot of reports at the moment of Jobcentre staff telling people that they cannot go back onto ESA during appeal, especially if the have had to claim UC rather than JSA during MR.
    (They are specifically told to say that you can never go back to a 'legacy benefit' once your UC has started).
    This is wrong information they have been given, put it down to poor training again, and they eventually check and back down when challenged.
    Still it's another hassle you may have to face if you want to go back on ESA during appeal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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