Appealing allowance decision
Q. My friend and I are both appealing Employment and Support Allowance decisions. She was scored 0 points at her medical assessment and my benefit was stopped because I did not receive the appointment date in the post, so the Department of Work and Pensions (DWP) state that I failed to attend a medical. My friend was claiming Jobseekers Allowance when her Employment and Support Allowance was first stopped, but now she is back on Employment and Support Allowance while waiting for her appeal. I also claimed Jobseekers Allowance when my Employment and Support Allowance was first stopped, but the adviser at the Jobcentre said that I cannot go onto Employment and Support Allowance and I have to keep signing on until my appeal is heard. Would that be correct?
A. Employment and Support Allowance can be paid to appellants while they wait for their appeal if they have been found to be capable of work and they disagree with the decision – if it is the first time that they have been turned down for Employment and Support Allowance. Employment and Support Allowance cannot be paid if you are appealing the fact that you did not attend, or appealing to say that you had a good reason for not attending, instead you can claim Jobseekers Allowance or, in some areas, Universal Credit. If you do not think that you had a good reason for failing to attend then you can make a new claim for Employment and Support Allowance rather than appealing, but it would not go into payment until you have been assessed at a medical appointment. If you have a new condition or a worsened condition then you will be able to reclaim Employment and Support Allowance and be paid straight away.