Thanks for this jobber. A quote from the replies:
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I see here they say if you have had less than TWO fit for work decisions? I`ve had two fit for work decisions since claiming ESA from Income Support previous to ESA being introduced and if this is correct, it means if I get a THIRD fit for work decision (which is likely but don`t know until it happens) I will have to stay in limbo and live off savings until any appeal is heard. Only then will I know if my ESA will continue and be backdated, or I have no choice but to claim Universal Credit and have to wait another five weeks for any payment to kick in. So all in all, I could be up to four - five months without an income if I can`t revert to the ESA assessment rate upon submitting an appeal. Wonder if Spanner can help with this?
Only DWP will know the answer to this unless there is something already documented in Parliament regulations stating when this change was implemented? My head gets so scrambled though looking through all the sites trying to find the answer. If it`s out there though, surely we will find it. But I`m guessing any change would have been don within the last two years? Stating that ESA claimants who are found fit for work after assessment cannot now claim the assessment rate if they have had more than one fit for work decision.