Client failed PCA so his Short Term IB stopped.

No JSA or reduced IS due, appeal in and pending.

Can he claim ESA now or does ESA have something like IB where you cannot claim ESA if your within 6 months for the same illness if you fail the IB PCA?.

Reg 30(2) of the ESA Regs disconnects the assumption of sickness pending an LCW assessment, if there was a negative LCW decision within the previous 6 months, but I don't see how that could embrace an earlier PCA decision because (i) the abovementioned Reg only refers to LCW, and (ii) the PCA is weaker anyway.

I suppose there is nothing to lose by going for ESA, apart from the increased likelihood that your client will be found fit for work, because the ESA rules are tougher for most claimants ( especially those that need to add scores across Activities, as well as for some clients who would have got a 'big hitter' 15 point score under the old PCA).

Where is everybody? Blimey - its Saturday!

Steve

Thanks Steve

ESA claim in and pending so time will tell.

Just thinking.

Unless your client's condition has got worse, they will probably have more chance of winning the IB appeal than passing the test for ESA. If the client gets ESA, then logically they should certainly win the IB appeal, because IB is easier to get (I appreciate that the whimsical nature of decision making may defy this logic). Therefore, if client gets ESA and later wins IB appeal, they will then I imagine come off ESA and revert to IB (with an IS top up?). My guess is that the client would not have the power to cling onto ESA in these circumstances, even if they wanted to.

What do you think?

Steve

No IS due as partner works and other income for client involved.

I like you feel he will get the IB back if he wins at appeal with any ESA if paid offset and stopped on-going.

7 points mental health.

It seems a win win situation ESA if paid for now with IB later if appeal won.