Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how many sick and disabled people have lost social security support payments whilst they appealed their work capability assessment as a result of GPs receiving the amended ESA65B letter; and what savings to the public purse have accrued as a result of stopped social security support arising from that change.

Claimants should not experience a loss of benefit in this situation.

Claimants can be paid Employment and Support Allowance (ESA) whilst appealing a decision, the rate of which is equivalent to that of Jobseeker’s Allowance (JSA). In order for someone to be paid ESA pending an appeal they need to provide the Department with fit notes in order to be treated as having Limited Capability for Work until the appeal is determined. However, this doesn’t apply where the claimant fails a second Work Capability Assessment. Where this is the case then ESA will not be paid pending the appeal and the claimant would need to claim new style Jobseeker’s Allowance (NSJSA) or Universal Credit (UC).

If a claimant’s GP does not provide them with a fit note during the appeal period they cannot be paid ESA but are able to claim UC or NSJSA where eligible.