As far as we are aware, the DWP position is still that the ESA paid pending appeal is a new claim (which does not require a claim to be made under regulation 3(j) of the Claims and Payments Regulations). Their guidance was that, following a first tier tribunal decision, they should then go on to make another decision on that second claim, adopting the reasons and conclusions of the tribunal (presumably unless something material had occurred between the date of the original decision and the tribunal hearing). Therefore, the 6 months runs from the date of that DWP decision, made after the tribunal's decision. However, it too carries a right of appeal, so that payment can continue on yet another new claim so long as it is supproted by medical evidence. I have not had the time to analyse the law extensively on this, but the DM I spoke to said that, effectively, if the GP continued to sign someone off, s/he could stay on assessment rate ESA indefinitely so long as each decision is appealed.
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