No, it's not the same
The rule is in Reg.30(3)ESA Regs. It takes the form of an exception to the general rule that submitting new med. certs. does not requalify you for ESA following a decision that you do not have LCW. 30(3) allows you to continue to qualify, with new med. certs, at assessment phase rate, as long as 'the appeal had not yet been determined' by a first tier tribunal. Reg.30(2) of course allows you to requalify with a new condition.
There is an interesting point whether, on setting aside of a tribunal decision either by the TS or by the UT, this route to entitlement is automatically reopened but I don't think it's arguable that entitlement can continue while you are asking for an SoR, applying for leave or appealing to the UT.
In practice though, by this stage, you will normally be close to or at the 6 month point since the original decision disallowing ESA. You can then make a new cklaim for ESA, with new med certs, attend and fail a new medical, appeal again and, as far as I can see, stay on this roundabout for as long as your GP will provide sick notes. Ironic given that both goverment and GP's are keen on removing the GP's role as gatekeeper for benefits.
Richard Atkinson
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