Old IB claimants unable to claim CESA?

Has anyone come across this issue yet?

Now that the linking rules for IB have been abolished, if someone comes off IB (for whatever reason) and then needs to make a claim for ESA, the benefit years to determine entitlement to contributory-ESA are the two years before the ESA claim and not the IB claim.

The result?

A claimant on IB decides they will try and return to work full time. They stop claiming IB but two weeks later realise they can’t cope. They are forced to put in a claim for ESA, which is bad enough. However, when considering entitlement to C-ESA the DWP can only consider the contributions from the two benefit years before the “period of limited capability for work” and not the “period of incapacity for work”. Since they have been on IB for the last few years they have no contributions and therefore will not be entitled to C-ESA. If the person has a partner who is working over 24 hours, this will take them out of ESA altogether.

There are special provisions in the transition regs to stop this happening to claimants who are being migrated. No additional protection seems to exist for claimants who come off IB before being migrated.

Does anyone else interpret the regulations in the same way?