IS10 vs ESA3
My client receives ESA, and is in the Support Group. He receives £113.90 per week; my understanding of this is that this award is composed of £99.85 contributions based, and £14.05 income related ESA.
After a successful award of DLA and the usual several requests for IS10, my client was sent ESA3. The manager I’ve just spoken to insists that my client ‘doesn’t really’ receive income related ESA because he never applied for it, and what he gets is ‘just a premium’.
I argued that he does, in fact, receive IR ESA, and that as an IS10 form was requested, this is what we would expect to receive. They argue that it’s to ‘find out’ if he’s receiving anything ‘like Industrial Injuries Benefit’. I argue that if he was, his ESA award would already be affected, and that he would have informed the department of a change of circumstances anyway.
It’s incredibly annoying. Am I being unreasonable by insisting this point, or should we just send in ESA3? Will we then have another wait before they insist on having to send IS10 anyway (or will ESA3 replace?).
It’s one of those situations where I don’t know if I’m being incredibly pedantic and unreasonable.