PARLIAMENTARY WRITTEN QUESTION
Employment and Support Allowance (9 September 2014)

To ask the Secretary of State for Work and Pensions, whether a claimant refused Employment and Support Allowance (ESA) by a decision maker on the grounds that their health had improved by the time of the decision, having obtained sufficient points to receive ESA in an earlier Work Capability Assessment, should be paid ESA in arrears for the period of their ill health; and if he will make a statement.

Asked by:
Sir Stephen Timms (Labour)

An Employment and Support Allowance (ESA) claimant will be paid at the assessment rate until a determination is made about their eligibility for the benefit. DWP Decision Makers make the final decision and as such no claimant will have obtained any points before the Decision Maker awards points as appropriate against the work capability assessment descriptors. Where an ESA claimant’s health improves to the extent that they are no longer entitled to the benefit, ESA will be paid at the appropriate rate up until the date of change. This is not a payment of arrears but the continuing amount rightly due. ESA claimants are expected to notify the Department when their condition improves to the extent that they are likely to no longer be eligible for ESA.
Answered by:
Mr Mark Harper (Conservative)
12 September 2014