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IB/ESA Transfer Appeal Puzzle

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12 years 2 months ago #78441 by calimero
Replied by calimero on topic Re:IB/ESA Transfer Appeal Puzzle
hi gordon, the question i really cant find an answer to is :
A ts decision made has been set aside (cancelled) and a re-hearing is ts outcome.
Would the dwp notified of both original decision and set aside, suspend payments till the new first teir tribunal is completed?
Would it be adviseable and possible to circumvent any suspension of assess rate esa by switching NOW to JSA in order to obtain an income till tribunal re-hearing takes place?
thanks again

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12 years 2 months ago #78448 by Gordon
Replied by Gordon on topic Re:IB/ESA Transfer Appeal Puzzle
calimero

Once a Set Aside has been determined, then you should receive the Assessment Rate again until a new hearing is held, and back dated payments covering the period from the originall Tribunal date to when the Set Aside was issued.

However, unless there is a clear reason for a Set Aside, this process can take a very long period to be resolved.

You can apply for JSA, providing you are prepared to seek work, or, as per my previous post, if you are still receiving Fit Notes from your GP, you can make a new claim for ESA which can run run parallel to any appeal to the Upper Tribunal or if Set Aside, a re-hearing of your orinal one.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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