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ThanksBit confused about new ESA court ruling.

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4 years 8 months ago #250657 by phrank
Hi there,

The new ESA court ruling re being paid whilst you are waiting for a tribunal appeal.

Does this mean you can bypass the MR stage completely and lodge an tribunal appeal straight away?

If so, if you do decide to go for a MR first do payments stop until: either you win your MR, or fail your MR and then go to appeal and then the payments are put back in place?

I guess the payments are only at the basic rate during appeal or do you still get premiums on top of the basic rate if appealing?

Sorry if my query sounds a bit confusing but that's because I am confused about it.

Regards,

Phrank.

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4 years 8 months ago - 4 years 8 months ago #250665 by Gordon
Replied by Gordon on topic Bit confused about new ESA court ruling.
phrank

The first thing to say is that this ruling applies to ESA only and only where the Assessment rate is payable during an appeal.

The ruling affects one thing when an appeal can be requested which can now be done without waiting for an MR to complete.

How this will work practically we don't know as due to the pandemic there have been no ESA Decisions made.

Best advice is to still request an MR and then the appeal.

Any Premiums that are still applicable will be paid with the ESA Assessment rate,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 8 months ago by Gordon.

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4 years 8 months ago #250668 by phrank
Thanks, Gordon.

I know that thus pandemic is causing so many problems.

No-one really knows what's happening as we can't see into such an incertain future.

Phrank.

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