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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

CBESA flipping to IRESA. TP lost. No idea why…...

benefitsadviser
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Sunderland West Advice Project

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DWP sending me mad again.

I have a client in SG of ESA, Contribution based, and has transitional protection of £50 a week, paying him £162 a week CBESA.

No IR top ups historically as his wife worked. They lived on her wage + his 162 a week

She has quit work to care for him, and has claimed CA as he was awarded PIP recently

CA wont backdate, as they are deducting the 50 quid a week trans protection from the 62 quids, saying that the 50 quid was really an income related top up all along (it wasnt, otherwise his wifes earnings would have wiped it out)

Im dealing with that separately.

ESA have now written saying that they are flipping his claim from CBESA to IRESA , trans protection has been ended, and they are in receipt of the £208 a week standard applicable (Couple rate + SG + CP+ EDP)
I think they should get his original non means tested £162 a week back, and pay his wife 62 a week CA.
I dont see why this cant be done

DWP say that his wife claiming CA has wiped out his Transitional protection, and i cant for the life of me understand their reasoning.

Ive just done an MR as i think DWP barking up wrong tree here, but they insist they are right

Thoughts?

Gareth Morgan
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CEO, Ferret, Cardiff

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Why are they flipping his claim if he’s in the SG?

Stuart
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on wiping out transitional protection - could be an old adult dependent increase subject to transitional protection from IB which overlaps with CA claim? (adult dependent increases from earlier years when he transferred to ESA worth less than current CA levels so CA entitlement would wipe out TP). But still not clear why partner is not getting payments of CA.  Need to get decision from DWP to work out what’s happening (if they know!)

[ Edited: 27 Sep 2016 at 12:27 pm by Stuart ]
benefitsadviser
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Sunderland West Advice Project

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I still fail to understand how her claiming CA would wipe out any TP and
cause the claim to be income related?