Hi there I was wondering if anybody could help me... I have a client who claimed ESA (cont based) in January. No entitlement to inc based at that time as £16,000 redundancy payment. She now has less than £6000 savings and her ESA has been stopped following a medical assessment. She did not score any points! She wants to appeal and my understanding is that she will be entitled to ESA (cont based) whilst she appeals. Client has a mortgage, about £19,000 outstanding and she pays £158 a month. I am wondering if she should now make a claim for income based ESA as her capital is below £6,000 and she may be entitled to help with her housing costs after the 13 weeks waiting period? Can she do this whilst she appeals the ESA decision or does she have to wait to see if her appeal is successful before applying?
She also does permitted work. Can she carry on doing this whilst she appeals the ESA decision?

Many thanks.

Might the fact that her capital has reduced be considered a reportable change of circs that would lead to a review of the existing award?

My understanding is that the assessment period is simply extended until the time of the tribunal decision, and she can therefore claim irESA just as in any other assessment period. The 13 week waiting period applies because either type of ESA is a relevant benefit and starts counting from the start of the period of LCFW, generally the start of the first sick note. So yes, apply for irESA if that wasn't done at the same time as the cbESA I would say.