urgent !!! ESA stopping

thanks JM, you see my original question, is ESA just suspended as due to being a councillor cl cannot be found not to be capable of work due to her work, and she wa on permitted work scheme, SO I thought the issue was payability of ESA, her income is too high but does that actually stop the award or is it just that there is no payability due to income if she has not been found capable of work how does that stand with a future claim and/or with UC determining her WCA when / if she does claim UC,
I hope this is not a stupid question but it does seem to post a conundrum to me

Your client’s entitlement to irESA has reduced to zero so she is no longer entitled to it without further claim (and such a further claim being impossible due to UC).

thanks Elliot, does that mean she has to wait the 3 months before UC WCA kicks in or is thee a loophole we can use to get her into the work element right away

Because the reason for her ESA ending is her income exceeding her applicable amount, rather than because of her being found or deemed not to have LCW, her credits for incapacity ought to continue I believe. Provided that she continues to receive those credits, she should be treated as LCW from day one.

Phew thanks Elliot, that really solve the problem