clients who win an ib appeal being migrated to esa

we recently had a meeting with the local jcp and apparently when a client wins an esa appeal they will now be migrated to esa and be subject to the wca from then on whilst retaining their previous rate of ib.

i challenged the legality of this but apparently it is in the all mighty decision makers guide.  as non dwp staff know of course the decision makers guide is not the law no matter how they may insist that it is at times.

has anyone had any experience of this so far and are there any potential challenges that people can think of?

There was a new set of guidelines which became effective from 28th June 2010 (statutory instrument 840/2010 misc amendments no.3 regs 2010). When I read them I understood them to mean that the termination of ESA and reinstatement of IB after sucessful IB appeal would no longer be automatic in terms of there no longer being a valid claim for ESA because applicant in reciept of IB, but instead a request for the decision to be revised would be needed.

But I did only skim read it so may not have understood this correctly??

Hi
The latest Adsviser Magasine has an article about this.