Hello all

Been to see a client today who has had her ESA stopped beacuse of failure to attend a work related assessment. Client contacted ESA to say she could not go, due to he rmental health isues and having regular epileptic fits. She even sent in a doctors letter stating that she was to ill to attend, but the benefits agency say they have not received the letter, but do have a record of the call she made stating why she could not attend.

As decision well under 1 month, I thought appeal and client would receive ESA in the meantime. However ESA told me that as ESA was stopped due to failure to attend a WCA, that ESA does not get paid during the appeal period, so the client would have to make a new claim for ESA, which I dutifully did. However now I have time to think about this, I am wondering if this advice is correct,as advice from ESA has not always been accurate, and it does seem a strange clause. Is this correct, do you not get ESA during the appeal stage if it is a failure to attend, unless you make a new claim.

The client was to distressed to complete a telephone claim, so ESA are sending her a form, so I could stop the new claim should the advice be wrong.

I'm afraid they are right - about the payment of ESA in the meantime rather than the merits of their decision.

The assessment phase of ESA is only extended where the person fails the medical. Failure to attend or return the ESA50 does not qualify for this provision.

A new claim can be made but a worsening or new condition would need to be shown. Otherwise its JSA for six months.

This reflects the rules for reduced rate Income Support - doesn't make it any nicer though.

David