clients who are cut off ib then claim esa and are also cut off this

should the ib appeal be allowed will we still have to win the esa appeal as this may be seen as a new determination?  or will the ib be reinstated and the esa appeal lapse?

Hi
If the IB appeal succeeds the ESA appeal lapses…..assuming there is dialogue between IB and ESA.  Our experience is that the IB part, following a tribunal win, is ok…...but the ESA section don’t automatically withdraw the appeal, they require a little help focusing.

The current position, as I understand it, is that the DWP will continue to pay contribution based ESA, topped up by any amount by which incapacity benefit exceeds the ESA rate.

The DWP say that their current guidance is that the ESA claim, made after the incapacity benefit claim was disallowed, is validly made. If a person has an entitlement to ESA on the basis of his national insurance record, this will continue to be paid so long as he is treated as having limited capability for work, or is accepted as having LCW or LCWRA.

An income-based ESA claim will end if the incapacity benefit rate is higher, purely because the income exceeds the applicable amount.

We have a few claims where ESA and incapacity benefit are in payment together up to the rate of the higher incapacity benefit rate.

If the incapacity benefit appeal succeeds, but the ESA appeal fails, the appellant will simply get the incapacity benefit