Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, in a case where an applicant has been refused employment and support allowance (ESA), the disallowance has been confirmed following mandatory reconsideration and an appeal against the refusal has been submitted, in what circumstances ESA is payable pending the outcome of the appeal.

Employment and Support Allowance can be paid at the assessment phase rate pending the appeal hearing as long as the conditions of entitlement are satisfied. Employment and Support Allowance is not payable pending an appeal where a claimant has previously been found fit for work following a Work Capability Assessment and makes a repeat claim for benefit and is found to be fit for work again.