this has come up in a number of guises a number of times on the forum but reading them i'm even more confused.

ESA DMG 41012 http://dwp.gov.uk/docs/m-12-09.pdf states that under the tranistional ESA rules if someone is entitled to IS at reduced rate they can't be awarded ESA. so where a client who is appealing against a PCA decision and is receiving reduced rate IS has a significant change/ deterioration in his health condition (has surgery in relation to the underlying condition and will require post op recovery) ESA claim has been refused on the DMG grounds.

any suggestions on how to get any entitlement reassessed on the basis of change in health condition?

thanks

Caroline

Para's 7 and 16 of this document are the most relevant ones. The entitlement to ESA isn't refused under transitional arrangments, it's refused under the basic rules of entitlement in the WRA - a person is not entitled to ESA if they are receiving IS.

This situation is not unusual in social security. IS, JSA and PC all have similiar preclusions.

I would suggest that where there is a possible entitlement to another benefit they should be prioritised and the claimant should ask for the ESA claim to take priority over the IS claim. In the alternative, when making a claim, the claimant could simply write to withdraw his IS claim on the same day.

I've not researched this at all so there may be other options.