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<p>Claimants should not experience a loss of benefit in this situation.</p><p> </p><p>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).</p><p>
</p><p>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.</p>
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