ESA and waiting for tribunal

marnot wrote: hello

Ive lodged an appeal against losing my mandatory reconsideration, I am now waiting for the tribunal to get in touch, apparently the DWP have sent their side of the case to them but I have not received it yet .... I believe I will go back on ESA whilst awaiting the tribunal does anyone know when I can expect this to happen, ive been claiming jobseekers since the 23 June but im not getting the interest on my mortgage paid on this but I was on ESA, will this be backdated when i do eventually go back on ESA.

Thanks in Advance

It usually takes the Tribunal Service about 10 days to process an appeal request and for them to contact the DWP, if you have received notification that the appeal has been accepted then you should contact the DWP for an update and to make sure that they re-instate your ESA.

You will need to provide a new Fit Note, as you are currently receiving JSA it needs to be dated from the day after you close your claim.

The ESA Assessment rate is the same as JSA, so you will not receive any back payment for the period that you were on it while you wait for a hearing. If you win your appeal then you will receive back payments from the date of the Decision being appealed for the difference between the ESA award amount and what you have been paid, or from the beginning of week 14 of your claim if it was a new one.

As to the SMI. It sounds as if you are receiving Contribution Based JSA but were receiving Income Related ESA, at least in part, previously, SMI is only payable if you are receiving an Income Related benefit.

Gordon