The claimant will be paid the assessment rate of ESA while awaiting the decision (subject to 365 day time-limit of contributary ESA), this pays the the same amount as JSA. As the claimant will have been in receipt of a benefit, I don't think there is anything that can be backdated to also cover this period.
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Last edit: 11 years 3 months ago by slugsta. Reason: typo
Handson, my comments only apply in the phase whilst awaiting the initial decision. if the claimant decides to appeal the refusal, no money is payable during the mandatory reconsideration period unless the claimant signs on for JSA. Once a formal appeal has been submitted, payment will restart - as long as the whole period since the adverse decision is covered by 'fit-notes' from the GP.
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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