I have struggled to find any definitive advice on this area, the only entry in the Decision Makers Guide is 46045 with a definition of hardship in 53099 and the following paragraphs.
A more general search seems to suggest that they are only available where the claimants benefit has been sanctioned, in these circumstances they would be available during any Mandatory Reconsideration.
For someone challenging a Fit for Work Decision then I think the underlying problem is that there is no entitlement to ESA payment in the first place, so a Hardship Payment cannot be made.
Obviously, when challenging a WRAG placement, the WRAG rate is still payable.
I hope this helps.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sefton HWR Team
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